Legal Opinion

United Steelworkers of America v. Marshall

Court of Appeals for the Third Circuit

Decided January 10, 1979No. 78-2452PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

GIBBONS, Circuit Judge:

This case presents the problem of the appropriate court to review agency action when petitions for review have been filed in this court and in the Court of Appeals for the Fifth Circuit. We conclude that the agency action in question should be reviewed by the Court of Appeals for the District of Columbia Circuit.

On November 9, 1978, the Occupational Safety and Health Administration of the United States Department of Labor (OSHA) held separate briefings for labor union representatives and industry representatives at which it disclosed the substantive…

2Cases cited3 opinions

  1. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Uaw-Afl-Cio v. National Labor Relations Board, Preston Products Company, Inc., Intervenor. National Labor Relations Board v. Preston Products Company, Inc., Preston Products Company, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1967
  2. American Public Gas Ass'n v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1976
  3. Public Service Commission for the State of New York v. Federal Power Commission, Mobil Oil Corporation v. Federal Power Commission, Gulf Oil Corporation v. Federal Power Commission, Sohio Petroleum Company v. Federal Power Commission, the California Company, Intervenor. Continental Oil Company v. Federal Power Commission, the California Company, Intervenor. Blanco Oil Company v. Federal Power Commission, Humble Oil & Refining Company v. Federal Power Commission, Continental Oil Company, Intervenors. Shell Oil Company v. Federal Power Commission, the California Company, Intervenor. The Superior Oil Company v. Federal Power Commission, the California Company, Cities Service Oil Company, Intervenors. The California Company, a Division of Chevron Oil Company v. Federal Power Commission, Texaco, Inc. v. Federal Power Commission, Amoco Production Company v. Federal Power Commission, Amerada Hess Corporation v. Federal Power Commission, Phillips Petroleum Company v. Federal Power Commission, Hunt Oil Company v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1972

3Cited by12 opinions

  1. Lead Industries Ass'n v. Occupational Safety & Health AdministrationCourt of Appeals for the Second Circuit · 1979
  2. Lead Industries Association, Inc. v. Occupational Safety and Health AdministrationCourt of Appeals for the Second Circuit · 1979
  3. Natural Resources Defense Council, Inc. v. U. S. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1980
  4. Southland Mower Co. v. United States Consumer Product Safety CommissionCourt of Appeals for the Fifth Circuit · 1979
  5. Liquor Salesmen's Union Local 2 of the State of New York, Distillery, Rectifying, Wine & Allied Workers' International Union, Afl-Cio v. National Labor Relations Board, Charmer Industries, Inc., Intervenors. Charmer Industries, Inc., Star Industries, Inc., Standard Wine & Liquor Co., Inc., Peerless Importers, Inc., and National Distillers Distributing Co. v. National Labor Relations Board, Park & Tilford & Motel & Club, Divisions of Knickerbocker Liquor Corp. v. National Labor Relations Board, Amalgamated Transit Union, Afl-Cio, Local Division 1309 v. National Labor Relations Board, Bayshore Transit Management, Inc., D/B/A National City Transit, IntervenorCourt of Appeals for the D.C. Circuit · 1981

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