Louisiana-Pacific Corporation v. Occupational Safety & Health Review Commission

91 F.3d 153 17 O.S.H. Cas. (BNA) 1729 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. LOUISIANA-PACIFIC CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION, Respondent. No. 95-70479. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1996. Decided July 24, 1996. Before: REAVLEY, * REINHARDT, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Louisiana-Pacific Corp. ("LP") petitions for review of the Occupational Safety and Health Review Commission's ("OSHRC") denial of its "Motion for Response to Petition for Discretion [sic] Review," which OSHRC construed as a motion for relief from judgment under Fed.R.Civ.P. 60(b). The petition for review is denied. 3 The Secretary of Labor argues that OSHRC lacked the authority to rely on Rule 60(b) to consider LP's motion and, in the alternative, that this court lacks jurisdiction to consider a petition for review of an OSHRC decision that relies on Rule 60(b). While the Secretary's…