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MARSHALL v. PAINTING BY C.D.C. INC.

No. CV 80-0979.

497 F.Supp. 653 (1980)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff, v. PAINTING BY C.D.C., INC., Defendant.

United States District Court, E. D. New York.

October 8, 1980.

Attorney(s) appearing for the Case

Francis V. LaRuffa, Regional Sol., U. S. Dept. of Labor by Marianne G. Kory, New York City, for plaintiff.

MEMORANDUM AND ORDER

GEORGE C. PRATT, District Judge:

The Secretary of Labor commenced this action to recover a penalty incurred under the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. § 651 et seq. By order of referral dated April 28, 1980, the case was assigned to Magistrate David F. Jordan as provided in 28 U.S.C. § 636(b). The Secretary applied for default judgment under FRCP 55(b)(1) when defendant failed to plead or...

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