Sun Refining & Marketing Company, Cross-Appellant v. Joseph E. Brennan, Cross-Appellee

JARVIS, District Judge.

In this declaratory judgment action brought pursuant to 28 U.S.C. § 2201, plaintiff, Sun Refining & Marketing Company (“Sun”), asked the district court to declare that its unfired pressure vessels are subject to the exclusive jurisdiction of the Occupational Safety and Health Administration (“OSHA”), and that the State of Ohio, represented by defendant Brennan, does not have jurisdiction over those vessels. Based upon stipulated facts, the district court ruled that Ohio law and standards governing the design, construction, operation, repair, and alteration of plaintiffs…