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MARSHALL v. STOUDT'S FERRY PREPARATION CO.

No. 78-2364.

602 F.2d 589 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor v. STOUDT'S FERRY PREPARATION COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 19, 1979.

Attorney(s) appearing for the Case

Donald Brobst (argued), Rosenn, Jenkins & Greenwald, Wilkes-Barre, Pa., for appellant.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Peter F. Vaira, Jr., U. S. Atty., Philadelphia, Pa., William Kanter, Douglas N. Letter (argued), Appellate Staff, Civil Division, Dept. of Justice, Washington, D. C., Carin Ann Clauss, Sol., Morell E. Mullins, Associate Sol., Thomas Mascolino, Counsel, Alan Yamamoto, Ronald E. Meisburg, Dept. of Labor, Washington, D. C., for appellee.

Before WEIS and GARTH, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we determine that the word "mine" as used in the Mine Safety and Health Amendments Act of 1977 includes appellant's preparation plant, which separates a low-grade fuel from sand and gravel dredged from a riverbed. We also find the warrantless inspection provisions of the Act sufficiently distinguishable from those of the Occupational Health and Safety Act so as to withstand constitutional challenge...

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