EMPIRE STEEL MFG. CO. v. MARSHALL

No. CV-77-48-BLG.

437 F.Supp. 873 (1977)

EMPIRE STEEL MANUFACTURING CO., Plaintiff, v. Ray MARSHALL, Secretary of Labor of the United States of America, in his official capacity, Harry C. Hutton, Area Director for Montana of the Occupational Safety and Health Administration, an agency of the United States Department of Labor, in his official capacity, and Louis O. Aleksich, United States Marshal, in his official capacity, Defendants.

United States District Court, D. Montana, Billings Division.

September 1, 1977.


Attorney(s) appearing for the Case

Stephen H. Foster, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Mont., for plaintiff.

Donald R. McCoy, U. S. Dept. of Labor, Denver, Colo., for defendants.


OPINION AND ORDER

BATTIN, District Judge.

The issue presented in this case involves the authority of the Secretary of Labor under the Occupational Safety and Health Act of 1970 to conduct inspections of employers engaged in interstate commerce, under § 8(a), 29 U.S.C. § 657.

The plaintiff is a Montana corporation engaged in the manufacture of steel products in Billings, Montana, and conducting business affecting interstate commerce. Empire...

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