FOWINKLE v. SOUTHERN RY. CO.


533 S.W.2d 728 (1976)

Eugene W. FOWINKLE, M.D., Commissioner, etc., et al., Appellants, v. SOUTHERN RAILWAY COMPANY, Appellee.

Supreme Court of Tennessee.

February 2, 1976.


Attorney(s) appearing for the Case

R.A. Ashley, Jr., Atty. Gen., Alex B. Shipley, Jr., Asst. Atty. Gen., Nashville, for appellants.

Charles W. Lusk, Hall, Haynes, Lusk & Foster, Chattanooga, William P. Stallsmith, Jr., Washington, D.C., for appellee.


OPINION

HENRY, Justice.

This action arises under the Occupational Safety and Health Act of 1972 (OSHA) and presents the single question of its coverage of railroad employees.

I.

The appellants, the Commissioners of Public Health and Labor, acting pursuant to a written complaint and under the provisions of OSHA, as interpreted by them, sent representatives to the Chattanooga Diesel Shop, operated by Southern Railway for the purpose of conducting...

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