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MARSHALL v. NORTH AMERICAN CAR CO.

No. 79-2374.

626 F.2d 320 (1980)

MARSHALL, Ray, Secretary of Labor, U.S. Dept. of Labor, Appellant, v. NORTH AMERICAN CAR COMPANY, N. Thomas Avenue, Sayre, Pennsylvania. In the Matter of ESTABLISHMENT INSPECTION OF NORTH AMERICAN CAR COMPANY, N. Thomas Avenue, Sayre, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided July 24, 1980.

Attorney(s) appearing for the Case

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety & Health, Allen H. Feldman, Counsel for App. Litigation, Charles I. Hadden, Acting Asst. Counsel for App. Litigation, Thomas L. Holzman (argued), Atty., U.S. Dept. of Labor, Washington, D.C., for appellant.

Mark A. Lies, II (argued), Wm. Patrick Murphy, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., Robert H. Young, Jr., Drinker, Biddle & Reath, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, and GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

The Secretary of Labor appeals from an order of the district court refusing to hold North American Car Co. (the employer) in contempt for failure to comply with an inspection warrant issued pursuant to § 8(f) of the Occupational Safety & Health Act of 1970, 29 U.S.C. § 657(f) (1976) (the Act).

I.

The employer operates a railroad car repair facility in Sayre, Pennsylvania. The Sayre...

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