MARSHALL v. ABLE CONTRACTORS, INC.

No. 76-1615.

573 F.2d 1055 (1978)

F. Ray MARSHALL, Secretary of Labor, U. S. Department of Labor, Petitioner-Appellee, v. ABLE CONTRACTORS, INC., Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

January 10, 1978.


Attorney(s) appearing for the Case

Charles E. Snyder (argued), of Fillner & Snyder, Billings, Mont., for respondent-appellant.

Michael H. Levin (argued), Washington, D. C., for petitioner-appellee.

Before WRIGHT and CHOY, Circuit Judges, and SWEIGERT, District Judge.


PER CURIAM:

Able Contractors (Able) appeals from a district court order compelling it to submit to inspections under the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651, et seq.1 The Secretary of Labor sought the injunction after Able on several occasions refused inspectors access to its premises and worksites.

The crux of Able's defense was that before inspections under § 657(a) can proceed the Secretary...

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