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CHAMPLIN PETROLEUM CO. v. O. S. & H. R. C.

No. 77-2740.

593 F.2d 637 (1979)

CHAMPLIN PETROLEUM COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and F. Ray Marshall, Respondents.

United States Court of Appeals, Fifth Circuit.

April 20, 1979.

Attorney(s) appearing for the Case

W. N. Woolsey, Ralph B. Weston, Corpus Christi, Tex., for petitioner.

Ray H. Darling, Jr., OSHRC, Washington, D. C., Diane E. Burkley, Atty., Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Assoc., Allen H. Feldman, Acting Counsel, Dennis K. Kade, Asst. Counsel, U. S. Dept. of Labor, Washington, D. C., for respondents.

Before GEWIN, RONEY and GEE, Circuit Judges.

RONEY, Circuit Judge:

An employer appeals an order of the Occupational Safety and Health Review Commission (Commission) finding a violation of the general duty clause of the Occupational Safety and Health Act (OSHA) which obligates the employer to

furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.

29 U...

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