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STODDARD LUMBER CO., INC. v. MARSHALL

No. 79-4143.

627 F.2d 984 (1980)

In the Matter of Establishment Inspection of STODDARD LUMBER COMPANY, INC., ¼ Mile South of City of Yellowstone Highway, St. Anthony, Idaho, Petitioner-Appellant, v. Ray MARSHALL, Secretary of Labor, U.S. Department of Labor, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1980.

Attorney(s) appearing for the Case

John L. Runft, Runft & Longeteig, Chartered, Boise, Idaho, on brief, for petitioner-appellant.

Charles Hadden, Carin A. Clauss, Benjamin W. Mintz, Allen H. Feldman and Thomas L. Holzman, Washington, D.C., on

Before SNEED and NELSON, Circuit Judges, and GRAY, District Judge.

SNEED, Circuit Judge:

Appellant, Stoddard Lumber Company, appeals from an order of the district court holding the company in contempt of court for refusing, on November 29, 1978, to honor an Occupational Safety and Health Administration (OSHA) inspection warrant that was obtained ex parte on November 21, 1978. Stoddard challenges the district court's order on three grounds: (1) the district court erred in finding that the Secretary of Labor's inspection selection...

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