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MARTIN v. OSHRC

No. 91-8365.

947 F.2d 1483 (1991)

Lynn MARTIN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Milliken & Company, Respondents.

United States Court of Appeals, Eleventh Circuit.

December 4, 1991.

Attorney(s) appearing for the Case

United States Dept. of Labor, Allen H. Feldman and Nathaniel I. Spiller, Washington, D.C., for petitioner.

Melegia Lee Daniels, Jr., Thompson, Mann & Hutson, Greenville, S.C. and Robert T. Thompson, Jr., Thompson, Mann & Hutson, Atlanta, Ga., for Milliken & Co.

Before ANDERSON and DUBINA, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

PER CURIAM:

In this petition for review, the Secretary of Labor challenges the decision of the Occupational Safety and Health Review Commission. The Secretary issued to Milliken & Company a citation for violation of the permissible exposure limits of cotton dust contained in the Secretary's regulation; 29 C.F.R. § 1910.1043(c)(1), implementing the Occupational Safety and Health Act. The Secretary designated the violation as a "serious violation" under 29...

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