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MARSHALL v. WESTERN WATERPROOFING CO., INC.

No. 76-1703.

560 F.2d 947 (1977)

Ray MARSHALL, Secretary of Labor, Petitioner, v. WESTERN WATERPROOFING CO., INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided August 23, 1977.

Rehearing and Rehearing Denied September 21, 1977.

Attorney(s) appearing for the Case

John A. Bryson, Atty., U.S. Dept. of Labor, Washington, D.C., argued, and Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., OS&H, Michael H. Levin and Stephen A. Bokat, Washington, D.C., on appendix and briefs, for petitioner.

Richard W. Miller, argued, and Thomas M. Moore, Kansas City, Mo., on brief, for respondents.

Before GIBSON, Chief Judge, HEANEY and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 21, 1977.

STEPHENSON, Circuit Judge.

The Secretary of Labor (Secretary) filed this petition for review of an order of the Occupational Safety and Health Review Commission (Commission) which suppressed evidence obtained from an inspection which allegedly revealed unsafe working conditions.

Following an inspection of its scaffolding equipment at the Woodman Tower...

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