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BROCK v. EMERSON ELEC. CO., ELECTRONIC & SPACE DIV.

No. 87-8363.

834 F.2d 994 (1987)

William E. BROCK, U.S. Secretary of Labor, Petitioner, v. EMERSON ELECTRIC COMPANY, ELECTRONIC & SPACE DIVISION, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eleventh Circuit.

December 31, 1987.

Attorney(s) appearing for the Case

Andrea C. Casson, Ellen L. Beard, Steven J. Mandel, U.S. Dept. of Labor, Washington, D.C., for petitioner.

William T. Weidle, Jr., St. Louis, Mo., for respondents.

Before HILL and FAY, Circuit Judges, and ALLGOOD, Senior District Judge.

HILL, Circuit Judge:

The Secretary of Labor petitioned this court for review of the decision of the Occupational Safety and Health Review Commission holding that a regulation promulgated by the Secretary of Labor violates the Fourth Amendment of the United States Constitution to the extent that it authorizes inspection of employers' records without a warrant or subpoena. We affirm the Commission's decision and order.

I. BACKGROUND

As part of its...

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