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MARSHALL v. HORN SEED CO., INC.

No. 79-1501.

647 F.2d 96 (1981)

Ray MARSHALL, Secretary of Labor, Plaintiff-Appellant, v. HORN SEED COMPANY, INC., Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 7, 1981.

Attorney(s) appearing for the Case

Thomas L. Holzman, Atty., Washington, D. C. (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., for Occupational Safety and Health, Charles I. Hadden, Acting Asst. Counsel for Appellate Litigation, Washington, D. C., James E. White, Regional Sol., Dallas, Tex., John A. Bryson, Atty., U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Jack T. Crabtree, Oklahoma City, Okl., for respondent-appellee.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and PALMIERI, District Judge.

SEYMOUR, Circuit Judge.

The Secretary of Labor appeals the judgment of the district court dismissing its petition for a contempt order against Horn Seed Company, Inc. The contempt order was sought for Horn Seed's failure to comply with a warrant previously issued by the district court pursuant to the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq. We affirm the district court's dismissal of the...

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