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DUNLOP v. HERTZLER ENTERPRISES, INC.

Civ. No. 75-301.

418 F.Supp. 627 (1976)

John T. DUNLOP, Secretary of Labor, United States Department of Labor, Plaintiff, v. HERTZLER ENTERPRISES, INC., a corporation, doing business as Sandia Die and Cartridge Company, Defendant.

United States District Court, D. New Mexico.

August 19, 1976.

Attorney(s) appearing for the Case

Victor R. Ortega, U. S. Atty., Mark C. Meiering, Asst. U. S. Atty., Albuquerque, N. M., William E. Everheart, Asst. U. S. Atty., Dallas, Tex., Ruth C. Streeter, Asst. U. S. Atty., Albuquerque, N. M., for plaintiff.

James R. Toulouse, Albuquerque, N. M., for defendant.

Before SETH, Circuit Judge, and PAYNE and BRATTON, District Judges.

MEMORANDUM OPINION

The broad question presented in this case is whether the entry and inspection provisions of the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. §§ 651 et seq., are consistent with the dictates of the fourth amendment.

Congress enacted OSHA "to assure so far as possible every working man and woman in the Nation safe and healthful working conditions." 29 U.S.C. § 651(b). Employers within the Act's coverage...

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