The BABCOCK AND WILCOX COMPANY, Appellant,
v.
Ray MARSHALL, Secretary of Labor, and Charles A. Straw, OSHA Area Director United Steelworkers of America, AFL-CIO and Local 1082, United Steelworkers of America, Intervenors Defendants, and
Occupational Safety and Health Review Commission, Intervenor Defendant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 5, 1979.
Decided November 16, 1979.
Attorney(s) appearing for the Case
Richard I. Thomas (argued), Jane A. Lewis, Thorp, Reed & Armstrong, Pittsburgh, Pa., for appellant; Francis Carling, Sullivan & Cromwell, New York City, of counsel.
Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for OSHA (argued), Allen H. Feldman, Acting Counsel for Appellate Litigation, Charles I. Hadden, Thomas L. Holzman, Attys., Washington, D. C., Marshall Harris, Regional Sol., U. S. Department of Labor, Philadelphia, Pa., for Secretary of Labor.
James D. English (argued), Mary-Win O'Brien, Pittsburgh, Pa., for United Steelworkers of America, AFL-CIO and Local Union 1082.
Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C., Robert J. Cindrich, U. S. Atty., Pittsburgh, Pa., Ronald R. Glancz, Marleigh Dover Lang (argued), Attys., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D. C., for Occupational Safety & Health Review Commission; Bernard Kleiman, Chicago, Ill., Robert C. Gombar, Gen. Counsel, Earl R. Ohman, Jr., Asst. Gen. Counsel, Dean E. Swartz, Andrea C. Casson, Attys., OSH Review Commission, Washington, D. C., of counsel.
Before ADAMS, HUNTER and HIGGINBOTHAM, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ADAMS, Circuit Judge.
In Marshall v. Barlow's, Inc.,436 U.S. 307, 98 S.Ct. 1816, 56 L.Ed.2d 305 (1978), the Supreme Court declared that the Fourth Amendment stands between an employer and the use of compliance inspections by the agency charged with enforcing the Occupational Safety and Health Act (the Act).1 From the time of that decision, numerous controversies have...
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