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MARSHALL v. SHELLCAST CORP.

Nos. 77-3102, 77-3169.

592 F.2d 1369 (1979)

F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant Cross-Appellee, v. SHELLCAST CORPORATION, a corporation, Defendant-Appellee Cross-Appellant. F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. SOUTHERN FOUNDRY CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 16, 1979.

Attorney(s) appearing for the Case

Carin Ann Clauss, Sol. of Labor, U. S. Dept. of Labor, Washington, D. C., Bobbye D. Spears, Regional Sol., Birmingham, Ala., Nancy L. Southard, Charles I. Hadden, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant cross-appellee.

William B. White, Jr., Stephen E. Brown, Linda A. Friedman, Birmingham, Ala., Abner W. Feinberg, Jersey City, N. J., for Shellcast Corp.

Vaughn Stelzenmuller, Birmingham, Ala., for Southern Foundry Corp.

Before GOLDBERG, Circuit Judge, SKELTON, Senior Judge, and FAY, Circuit Judge.

GOLDBERG, Circuit Judge:

Section 8(a) of the Occupational Safety and Health Act of 1970 [hereinafter the "Act" or "OSHA"], 29 U.S.C. § 657(a) authorizes the Secretary of Labor [hereinafter the "Secretary"] "to enter without delay and at reasonable times" any workplace and "inspect and investigate" the workplace. Pursuant to this section compliance officers with the Occupational Safety and Health Administration [hereinafter "OSHA"] went to two foundries belonging...

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