Legal Opinion · Dissent

Wisconsin Electric Power Company v. Occupational Safety and Health Review Commission and the Secretary of Labor

Court of Appeals for the Seventh Circuit

Decided January 6, 1978No. 76-2166Published

1DissentPell, Circuit Judge

Wisconsin Electric Power Company has challenged here the order of the Review Commission on two principal grounds, one of which properly could be termed substantive and the other procedural. Because I disagree with the resolution by the majority of both issues, I respectfully dissent.

As to the substantive issue, the dissenting opinion of Commissioner Moran sets forth what appears to me to be the correct resolution and I adopt his opinion as my own for the purpose of this dissent. Because his opinion is not published in a generally reported form, I herewith set it forth:

MORAN, Commissioner,…

2Cases cited9 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Cape and Vineyard Division of the New Bedford Gas and Edison Light Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the First Circuit · 1975
  3. Diamond Roofing Co., Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of Labor, S. D. Mullins Company, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of Labor, Lance Roofing Company, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of LaborCourt of Appeals for the Fifth Circuit · 1976
  4. Bence v. BreierCourt of Appeals for the Seventh Circuit · 1974
  5. Ryder Truck Lines, Inc. v. Peter J. Brennan, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1974

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