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MARSHALL v. CENTRAL MINE EQUIPMENT CO.

No. 79-1251.

608 F.2d 719 (1979)

In the Matter of the Inspection of Central Mine Equipment Company. Ray MARSHALL, Secretary, United States Department of Labor, Appellant, v. CENTRAL MINE EQUIPMENT COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 5, 1979.

Attorney(s) appearing for the Case

Thomas L. Holzman, Washington, D. C., for appellant; Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., for Occupational Safety and Health, Allen H. Feldman, Acting Counsel for Appellate Litigation, Charles I. Hadden, Atty., U. S. Dept. of Labor, Washington, D. C., and Tedrick A. Housh, Jr., Regional Sol., Kansas City, Mo., on brief.

William T. Weidle, Jr., St. Louis, Mo., for appellee.

Before LAY, HEANEY and HENLEY, Circuit Judges.

HEANEY, Circuit Judge.

The Secretary of Labor appeals from an order (1) quashing an Occupational Safety and Health Act (OSHA) search warrant which authorized the wall-to-wall inspection of Central Mine Equipment Company (Central Mine), and (2) granting Central Mine's motion to suppress the evidence seized in the search undertaken pursuant to that warrant. The District Court summarily affirmed a magistrate's order which quashed the warrant and suppressed the evidence...

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