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MARSHALL v. WAIT

No. 78-2345.

628 F.2d 1255 (1980)

Ray MARSHALL, Secretary of Labor, U. S. Department of Labor, Plaintiff-Appellee, v. Elden WAIT, Trading and d/b/a Elden Wait, Greenstone Quarry, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 29, 1980.

Attorney(s) appearing for the Case

J. Michael Cochrane, Cooper, Taylor & Sands, Sacramento, Cal., argued for defendant-appellant; Martin B. Brifman, Sacramento, Cal., on brief.

Douglas N. Letter, Washington, D. C., argued for plaintiff-appellee; William Kanter, Washington, D. C., on brief.

Before MERRILL, Senior Circuit Judge, GOODWIN and ANDERSON, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Wait appeals the granting of a permanent injunction against, inter alia, interference with the inspection of his quarry by representatives of the Secretary of Labor under the provisions of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801, et seq. (hereafter "the 1977 Act"). The issuance of injunctions to prevent interference with mine safety inspections is authorized by 30 U.S.C. § 818. We reverse...

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