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KELLY SPRINGFIELD TIRE CO., INC. v. DONOVAN

No. 82-4389.

729 F.2d 317 (1984)

KELLY SPRINGFIELD TIRE COMPANY, INC., Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, and Occupational Safety and Health Administration, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 18, 1984.

Attorney(s) appearing for the Case

Michael A. Hatchell, Harry L. Gillam, Jr., Tyler, Tex., for petitioner.

Domenique Kirchner, Atty., Dept. of Labor, F.P.L.B., Washington, D.C., for respondents.

Before GOLDBERG, GEE and TATE, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 18, 1984.

GOLDBERG, Circuit Judge:

In this case Petitioner, Kelly Springfield Tire Company ("Kelly"), seeks a review of a final order of the Occupational Safety and Health Review Commission ("the Commission"). The Commission found that Kelly committed a serious violation of the Occupational Safety and Health Act's ("the Act") general duty clause. 29 U.S.C. §§ 654...

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