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CERRO METAL PRODUCTS v. MARSHALL

Civ. A. Nos. 78-3713, 79-77.

467 F.Supp. 869 (1979)

CERRO METAL PRODUCTS v. Ray MARSHALL. FLECK INDUSTRIES, INC. v. Ray MARSHALL.

United States District Court, E. D. Pennsylvania.

March 8, 1979.

Attorney(s) appearing for the Case

Arlen Specter, Philadelphia, Pa., for plaintiffs.

Matthew J. Rieder, Dept. of Labor, Philadelphia, Pa., for defendant.

POLLAK, District Judge.

These two cases, Cerro Metal Products v. Marshall, No. 78-3713, and Fleck Industries, Inc. v. Marshall, No. 79-77, are entirely separate lawsuits, but they present a common question of law. For that reason, they have been consolidated for argument and are dealt with together in this opinion.

The question of law linking the cases is rooted in Marshall v. Barlow's, Inc., 436 U.S. 307

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