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MARSHALL v. SINK

No. 77-2614.

614 F.2d 37 (1980)

Ray MARSHALL, Secretary of Labor, Appellee, v. Charles T. SINK, trading and doing business as Sink Coal Company, Sink No. 1 Mine, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 24, 1980.

Attorney(s) appearing for the Case

William W. Talbott, Webster Springs, W.Va. (Talbott & Alsop, Webster Springs, W.Va., on brief), for appellant.

Douglas N. Letter, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D. C. (Carin Ann Clauss, Sol., Morell E. Mullins, Associate Sol., Thomas A. Mascolino, Federick W. Moncrief, Ronald Meisburg, Dept. of Labor, Barbara Allen Babcock, Asst. Atty. Gen., and Ronald R. Glancz, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for Secretary of Labor.

Before BUTZNER and WIDENER, Circuit Judges, and ROSZEL C. THOMSEN, Senior United States District Judge for the District of Maryland, sitting by designation.

BUTZNER, Circuit Judge:

Charles T. Sink appeals from a decision of the district court upholding the constitutionality of warrantless, routine inspections under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 801 et seq., and enjoining Sink from interfering with the inspections of his mine. The sole issue on appeal is whether 30 U.S.C. § 813, authorizing warrantless inspections of mines, violates Sink's fourth amendment right to be...

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