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LOCKPORT NON FERROUS CASTING, INC. v. MARSHALL

No. Civ. 77-552.

441 F.Supp. 333 (1977)

LOCKPORT NON FERROUS CASTING, INC., Plaintiff, v. Ray MARSHALL, Secretary of Labor of the United States of America, in his official capacity, P. Charles Schwender, Area Director for New York of the Occupational Safety and Health Administration, an agency of the United States Department of Labor, in his official capacity, and Edward S. King, United States Marshal, in his official capacity, Defendants.

United States District Court, W. D. New York.

December 8, 1977.

Attorney(s) appearing for the Case

Morley C. Townsend, Stephen C. Townsend, Townsend & Townsend, Buffalo, N.Y., for plaintiff.

Jack R. Fisher, New York City, of counsel to Francis V. LaRuffa, Regional Sol., U.S. Dept. of Labor, New York City, for defendant.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Plaintiff has filed a complaint alleging that Section 8(a) of the Occupational Safety and Health Act of 1970 ("OSHA"), as amended, 29 U.S.C. § 657(a), violates the Fourth Amendment's provisions against unreasonable searches and seizures by purporting to authorize the Secretary of Labor ("the Secretary") to enter a place of employment without delay and to conduct a general search and inspection without first...

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