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ALLSTATES REFRACTORY CONTRACTORS, LLC v. WALSH

Case No. 3:21 CV 1864.

625 F.Supp.3d 676 (2022)

ALLSTATES REFRACTORY CONTRACTORS, LLC, Plaintiff, v. Martin J. WALSH, et al., Defendants.

United States District Court, N.D. Ohio, Western Division.

Signed September 2, 2022.

Attorney(s) appearing for the Case

Anthony J. Dick, Brett A. Shumate, John M. Gore, Jones Day, Washington, DC, J. Benjamin Aguinaga, Jones Day, Dallas, TX, Christopher M. McLaughlin, Jones Day, Cleveland, OH, for Plaintiff.

Zachary A. Avallone, U.S. Department of Justice, Civil Division, Federal Programs Branch, Washington, DC, for Defendants Martin J. Walsh, United States Department of Labor, James Frederick, Occupational Safety and Health Administration.

MEMORANDUM OPINION

INTRODUCTION

Plaintiff Allstates Refractory Contractors, LLC ("Allstates") filed this suit against the Secretary of Labor and the Occupational Safety and Health Administration (collectively "OSHA"). Allstates asks this Court to declare OSHA's statutory power to promulgate...

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