LONE STEER, INC. v. DONOVAN

Nos. A1-82-10, A1-82-24.

565 F.Supp. 229 (1982)

LONE STEER, INC., Plaintiff, v. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, et al., Defendants. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Petitioner, v. LONE STEER, INC., a corporation, Respondent.

United States District Court, D. North Dakota, Southwestern Division.

October 28, 1982.


Attorney(s) appearing for the Case

Richard G. Peterson, Fargo, N.D., for plaintiff in No. 82-10.

Henry C. Mahlman, Assoc. Reg. Sol., Denver, Colo., Charles S. Miller, Jr., Asst. U.S. Atty., Bismarck, N.D., for petitioner in No. 82-24.

T. Timothy Ryan, Henry C. Mahlman, Denver, Colo., Tedrick A. Housh, Jr., Washington, D.C., Charles S. Miller, Jr., Bismarck, N.D., for defendants in No. 82-10.

Richard G. Peterson, Fargo, N.D., for respondent in No. 82-24.


ORDER

VAN SICKLE, District Judge.

These cases, which were consolidated for purpose of trial, are now before the Court on cross motions for summary judgment. All operative facts have been stipulated. The central issue, resolution of which is dispositive in both cases, is whether the Secretary of Labor (through his agents) may proceed with an inspection of Lone Steer's records under Section 11 of the Fair Labor Standards Act (29 U.S.C., § 211) without...

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