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RUSSELL v. BARTLEY

No. 73-1791.

494 F.2d 334 (1974)

Lester RUSSELL, Plaintiff-Appellant, v. Wallace BARTLEY et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 27, 1974.

Attorney(s) appearing for the Case

Robert L. Bertram, Jamestown, Ky., for plaintiff-appellant.

Donald F. Mintmire, Munfordville, Ky., and Michael A. Owsley, Bowling Green, Ky., for defendants-appellees; Robert B. Hensley, Hensley & Mintmire, Munfordville, Ky., and English, Lucas, Priest & Owsley, Bowling Green, Ky., on briefs.

Before PECK and ENGEL, Circuit Judges, and CONTIE, District Judges.

PER CURIAM.

The issue in this case is one of first impression in this Circuit. We are asked to hold that the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (hereinafter "OSHA"), impliedly created a private remedy for damages resulting from violations of the Act. For the reasons set forth in this opinion we decline to so hold.

Appellant was injured in the course and scope of his employment...

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