7 O.S.H. Cas.(bna) 1382, 1979 O.S.H.D. (Cch) P 23,579 Ray Marshall, Secretary of Labor v. The Anaconda Company, Montana Mining Division (Great Falls Refinery), and Occupational Safety and Health Review Commission

596 F.2d 370 7 O.S.H. Cas.(BNA) 1382, 1979 O.S.H.D. (CCH) P 23,579 Ray MARSHALL, Secretary of Labor, Petitioner, v. The ANACONDA COMPANY, Montana Mining Division (Great Falls Refinery), and Occupational Safety and Health Review Commission, Respondents. No. 78-1637. United States Court of Appeals, Ninth Circuit. May 3, 1979. Diane E. Burkley, U. S. Dept. of Labor, Washington, D. C., Edward Klein, Atty., U. S. Dept. of Labor, Washington, D. C., for petitioner. Stephen M. Williams, Butte, Mont., for respondents. Petition to Review an Order of the Occupational Safety and Health Review Commission. Before SNEED and ANDERSON, Circuit Judges, and D. WILLIAMS, * District Judge. SNEED, Circuit Judge: 1 The Secretary of Labor petitions to review and set aside an order of the Occupational Safety and Health Review Commission issued January 26, 1978. The Secretary issued citations in June 1977 against respondent Anaconda Company for violations of 29 C.F.R. § 1910.179 , a safety standard governing overhead and gantry cranes, occurring at Anaconda's copper refinery at Great Falls, Montana. Respondent duly contested the citations and proposed penalty. The administrative law judge vacated the…