WEST POINT-PEPPERELL, INC. v. DONOVAN

No. 80-7898.

689 F.2d 950 (1982)

WEST POINT-PEPPERELL, INC., Plaintiff-Appellee, v. Raymond J. DONOVAN, Secretary of Labor, U. S. Department of Labor, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 21, 1982.


Attorney(s) appearing for the Case

Lawrence E. Gill, Atlanta, Ga., Charles I. Hedden, Allen H. Feldman, Andrea C. Casson, U. S. Dept. of Labor, Washington, D. C., for defendants-appellants.

Costangy, Brooks & Smith, Charles A. Edwards, Atlanta, Ga., for plaintiff-appellee.

Before RONEY and KRAVITCH, Circuit Judges, and PITTMAN, District Judge.


KRAVITCH, Circuit Judge:

This is an interlocutory appeal under 28 U.S.C. § 1292(a)(1) from the grant of a preliminary injunction by the district court staying the execution of an OSHA inspection warrant issued by a duly authorized magistrate.1 After conducting an evidentiary hearing the district court issued the injunction primarily on the basis that the warrant was not supported by probable cause. The court also found that the warrant...

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