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UNITED STATES v. STAUFFER CHEMICAL CO.

No. 81-5311.

684 F.2d 1174 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. STAUFFER CHEMICAL COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 7, 1982.

Opinion on Denial of Rehearing October 15, 1982.

Attorney(s) appearing for the Case

Charles F. Lettow, Eric C. Jeffrey, Cleary, Gottlieb, Steen & Hamilton, Washington, D. C., Robert J. Walker, Leigh W. Davidson, Bass, Berry & Sims, Nashville, Tenn., for defendant-appellant.

Hal D. Hardin, U. S. Atty., Nashville, Tenn., Judson W. Starr, Pollution Control Section — P.O. 7415 Land and Natural Resources Div. U. S. Dept. of Justice, Washington, D. C., John H. Johnson, Jr., Regional Counsel, U. S. E.P.A. Region-IV, Atlanta, Ga., for plaintiff-appellee.

Before WEICK, Senior Circuit Judge, JONES, Circuit Judge and SILER, District Judge.

WEICK, Senior Circuit Judge.

Stauffer has appealed to this court from an order of the district court denying its motion to quash an invalid administrative search warrant issued ex parte by a United States Magistrate, which authorized EPA to conduct an air pollution inspection of private commercial property belonging to Stauffer, namely, its plant located at Mt. Pleasant, Tennessee, said inspection to be made not only by authorized employees of EPA and the State of...

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