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NORANDA ALUMINUM v. OCCUPATIONAL SAFETY & HEALTH

No. 78-1861.

593 F.2d 811 (1979)

NORANDA ALUMINUM, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Ray Marshall, Secretary of Labor, United States Department of Labor, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided March 8, 1979.

Rehearing and Rehearing Denied April 2, 1979.

Attorney(s) appearing for the Case

Valerie J. Held, St. Louis, Mo., argued for petitioner; Gerald Tockman, St. Louis, Mo., on brief.

Ann D. Nachbar, Atty., U.S. Dept. of Labor, Washington, D.C. (argued); Carin A. Clauss, Sol. of Labor, U.S. Dept. of Labor, Washington, D.C., Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health Review Commission, Washington, D.C., Allen H. Feldman, Acting Counsel for App. Litigation, U.S. Dept. of Labor, Washington, D.C., and Tedrick A. Housh, Jr., Regional Sol., Kansas City, Mo., on brief, for respondents.

Before GIBSON, Chief Judge, HENLEY, Circuit Judge, and HANSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied April 2, 1979.

HENLEY, Circuit Judge.

This is an original proceeding brought by a manufacturer of aluminum products to review an adverse decision of the Occupational Safety and Health Review Commission, established by the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq.1 The controversy arose when the Occupational Safety and Health Administration

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