MARSHALL v. W & W STEEL CO., INC.

No. 79-1600.

604 F.2d 1322 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. W AND W STEEL COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 28, 1979.


Attorney(s) appearing for the Case

Thomas L. Holzman, Atty., Washington, D. C. (Carin A. Clauss, Sol. of Labor; Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health; Allen H. Feldman, Acting Counsel, for appellate litigation; and Charles I. Hadden, Acting Asst. Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C., on brief), for plaintiff-appellee.

Jack T. Crabtree, Oklahoma City, Okl. (Buck & Crabtree, Oklahoma City, Okl., on brief), for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

In an ex parte proceeding, the Secretary of Labor obtained an inspection warrant from a United States Magistrate sitting in Albuquerque, New Mexico. The inspection warrant, which was sought following an employee complaint, authorized entry into the Albuquerque plant of W and W Steel Company by a compliance officer of the Occupational Safety & Health Administration (OSHA) in Albuquerque...

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