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SHARP DRILLING COMPANY, INC. v. DONOVAN

No. CIV-81-1150-E.

528 F.Supp. 390 (1981)

SHARP DRILLING COMPANY, INC., Plaintiff, v. Raymond J. DONOVAN, Secretary of Labor, Defendant.

United States District Court, W. D. Oklahoma.

December 4, 1981.

Attorney(s) appearing for the Case

Tom E. Mullen and Milton R. Moon of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., for plaintiff.

David L. Russell, U. S. Atty., Stan Twardy, Asst. U. S. Atty., Oklahoma City, Okl., T. Timothy Ryan, Jr., Sol. of Labor, Frank A. White, Assoc. Sol. for Occupational Safety & Health, Allen H. Feldman, for Appellate Litigation.

Randy S. Rabinowitz, U. S. Dept. of Labor, Washington, D. C., for defendant.

ORDER

EUBANKS, District Judge.

On October 23, 1981, the defendant, Raymond J. Donovan, Secretary of Labor, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction. The basis of this motion is that the plaintiff seeks review of a final order of the U.S. Occupational Safety and Health Review Commission and the U.S. Courts of Appeal have exclusive jurisdiction to review these orders...

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