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MARSHALL v. NORTHWEST ORIENT AIRLINES, INC.

Nos. 592, 593, Dockets 77-6103, 77-6112.

574 F.2d 119 (1978)

Ray MARSHALL, Secretary of Labor, U. S. Department of Labor, Plaintiff-Appellee, v. NORTHWEST ORIENT AIRLINES, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 7, 1978.

Attorney(s) appearing for the Case

James Nespole, New York City (Robert Thrun, Douglas P. Catalano and Reavis & McGrath, New York City, of counsel), for defendant-appellant.

John A. Bryson, Atty., U. S. Dept. of Labor, Washington, D. C. (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, and Allen H. Feldman, Acting Counsel for Appellate Litigation, Washington, D. C., of counsel), for plaintiff-appellee.

Before KAUFMAN, Chief Judge, and SMITH and MESKILL, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Northwest Airlines, Inc. ("Northwest") seeks to prevent representatives of the Occupational Safety and Health Administration ("OSHA") from inspecting one of its airport facilities, claiming that the safety aspects of the hangar in question are already regulated by the Federal Aviation Administration ("FAA"). It adopts this position notwithstanding the fact that an administrative record concerning the alleged overlap in jurisdiction...

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