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MARSHALL v. GIBSON'S PRODUCTS, INC. OF PLANO

No. 76-1526.

584 F.2d 668 (1978)

F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. GIBSON'S PRODUCTS, INC. OF PLANO, a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 15, 1979.

Attorney(s) appearing for the Case

Roby Hadden, U. S. Atty., Tyler, Tex., Allen H. Feldman, Asst. Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C., William Kanter, Allen H. Sachsel, Attys., Rex E. Lee, Asst. Atty. Gen., Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., William J. Kilberg, Sol. of Labor, Michael H. Levin, Counsel for Appellate Litigation, Benjamin W. Mintz, Asso. Sol., Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Robert E. Rader, Jr., Bardwell D. Odum, Dallas, Tex., Charles Alan Wright, Austin, Tex., for defendants-appellees.

Before TUTTLE, TJOFLAT and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

The Secretary of Labor (the Secretary) brought this action in the district court to enjoin the defendant, Gibson's Products, Inc., to submit to inspection under section 8(a) of the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. § 657(a) (1976). The defendant counterclaimed, asserting that the fourth amendment required the Secretary to obtain a search warrant based on probable cause. The merits of the counterclaim are controlled...

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