CONTINENTAL CAN CO., U. S. A. v. MARSHALL

No. 78-2144.

603 F.2d 590 (1979)

CONTINENTAL CAN COMPANY, U. S. A., a Member of the Continental Group, Inc., Plaintiff-Appellee, v. Ray MARSHALL, Secretary of Labor, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 1979.


Attorney(s) appearing for the Case

Dennis Kade, Asst. Counsel for App. Litigation, U. S. Dept. of Labor, Washington, D. C., for defendants-appellants.

Charles M. Chadd, Chicago, Ill., for plaintiff-appellee.

Before PELL and WOOD, Circuit Judges, and KIRKLAND, District Judge.


PELL, Circuit Judge.

The primary issue in this appeal is whether the district court erred in enjoining the Secretary of Labor (Secretary) from prosecuting all pending and future citations against Continental Can Company (Continental) pursuant to the Occupational Safety and Health Act (OSHA) regulations regarding excessive noise, 29 C.F.R. § 1910.95(b)(1). Before addressing the application of collateral estoppel, exhaustion...

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