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MARSHALL v. BURLINGTON NORTHERN, INC.

No. 75-3184.

595 F.2d 511 (1979)

Ray MARSHALL, Secretary of Labor, Petitioner-Appellant, v. BURLINGTON NORTHERN, INC., Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended July 24, 1979.

Attorney(s) appearing for the Case

William G. Staton (argued), Washington, D.C., for petitioner-appellant.

Stephen H. Foster (argued), Billings, Mont., for respondent-appellee.

Before CHAMBERS, KILKENNY and HUG, Circuit Judges.

HUG, Circuit Judge:

The Secretary of Labor appeals the district court's order preventing an Occupational Safety and Health Administration compliance officer from inspecting Burlington Northern, Inc.'s railroad yard facilities at Laurel, Montana. The district judge ruled that OSHA's jurisdiction did not extend to Burlington's Laurel operations because the Federal Railroad Administration (FRA) declared an intent to exercise its statutory authority in promulgating and...

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