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DONOVAN v. SARASOTA CONCRETE CO.

No. 81-5621.

693 F.2d 1061 (1982)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. SARASOTA CONCRETE COMPANY and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eleventh Circuit.

December 16, 1982.

Attorney(s) appearing for the Case

Charles I. Hadden, Asst. Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., Edward G. Hoban, Earl R. Ohman, Jr., Sect. OSHRC, Washington, D.C., for petitioner.

Fisher & Phillips, Michael C. Towers, Atlanta, Ga., James E. Holmes, Tampa, Fla., for Sarasota Concrete Co.

Before HILL and CLARK, Circuit Judges, and SCOTT, District Judge.

JAMES C. HILL, Circuit Judge:

The Secretary of Labor brings this petition to review an order of the Occupational Safety and Health Review Commission ("OSHRC" or "Commission") vacating a citation issued against Sarasota Concrete Company. The Commission ruled that the evidence supporting the citation was obtained as a result of an unconstitutional search of the company's workplace. In granting Sarasota's suppression motion...

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