MARSHALL v. NOLICHUCKEY SAND CO., INC.

No. 79-1111.

606 F.2d 693 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. NOLICHUCKEY SAND COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 5, 1979.


Attorney(s) appearing for the Case

C. Berkeley Bell, Bell & Rogers, Herbert R. Silvers, Silvers, Randall & Laughlin, Greeneville, Tenn., for defendant-appellant.

Thomas A. Mascolino, Carin Ann Claus, Morell Mullins, Ronald E. Meisburg, Dept. of Labor, Washington, D. C., John H. Cary, U. S. Atty., Richard K. Harris, Asst. U. S. Atty., Knoxville, Tenn., for plaintiff-appellee.

Before EDWARDS, Chief Judge, and CELEBREZZE and LIVELY, Circuit Judges.


LIVELY, Circuit Judge.

The question for decision in this case: May an inspector of the Mine Safety & Health Administration enter the premises of a sand and gravel operation to make a routine inspection without a search warrant? The district court held that no warrant was required and enjoined the defendant from refusing to permit inspection of its premises by authorized representatives of the plaintiff.

The case was submitted to the district court on a...

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