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UNITED STATES v. CLEVELAND ELEC. ILLUMINATING CO.

No. 81-3159.

689 F.2d 66 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. CLEVELAND ELECTRIC ILLUMINATING CO., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 14, 1982.

Attorney(s) appearing for the Case

Kenneth B. Stark, Thomas H. Barnard, Squire, Sanders & Dempsey, Cleveland, Ohio, for defendant-appellant.

Mark D. Katz, U.S. Dept. of Labor, Cleveland, Ohio, Charles T. Hadden/Andrea Casson, Thomas L. Holzman, Randy S. Rabinowitz, U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellee.

Before EDWARDS, Chief Judge, MARTIN, Circuit Judge and TUTTLE, Senior Circuit Judge.

PER CURIAM.

Cleveland Electric Illuminating Company (C.E.I.) appeals from a judgment entered in the United States District Court which upheld an inspection warrant issued by a federal magistrate for the employment of air sampling devices to test the presence of asbestos fibers in the air at appellant's plant in Ashtabula, Ohio. The warrant at issue provided as follows:

IT IS HEREBY ORDERED that pursuant to section 8(a) of the Occupational Safety and Health...

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