Legal Opinion

National Grain & Feed Ass'n v. Occupational Safety & Health Administration

Court of Appeals for the Fifth Circuit

Decided April 25, 1990No. Nos. 87-4960, 88-4256PublishedCited by 6 opinions

1Opinion of the Court

BY THE COURT:

We have under submission three motions filed subsequently to the issuance of our substitute opinion, 866 F.2d 717 (5th Cir. 1989). Petitioners Food & Allied Service Trades Department, AFL-CIO, et al. (“the unions”), move this court for an order enforcing our judgment. Petitioners National Grain & Feed Association, Inc., et al. (“the industry”), move that we reopen the public record. Respondent, the Secretary of Labor, moves for a lifting of our stay of enforcement. For the reasons set forth hereinbelow, we deny the motions for enforcement and reopening of the record and grant the…

2Cases cited9 opinions

  1. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  2. Federal Communications Commission v. Pottsville Broadcasting Co.Supreme Court of the United States · 1940
  3. Industrial Union Dept., AFL-CIO v. American Petroleum InstituteSupreme Court of the United States · 1980
  4. Mimi Cutler, Stephen D. Annand and National Council of Senior Citizens v. Dr. Arthur Hull Hayes, Jr.Court of Appeals for the D.C. Circuit · 1987
  5. American Trucking Associations, Inc. v. Interstate Commerce Commission and the United States of AmericaCourt of Appeals for the Fifth Circuit · 1982

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3Cited by6 opinions

  1. Chamber of Commerce of United States v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2006
  2. Trinity Marine Nashville, Inc. v. Occupational Safety & Health Review CommissionCourt of Appeals for the Fifth Circuit · 2001
  3. Tex Tin Corporation v. U.S. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1993
  4. Sierra Club v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2003
  5. Public Citizen Health Research Group v. United States Department of LaborCourt of Appeals for the Third Circuit · 2009

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