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ROBERT K. BELL ENTERPRISES, INC. v. DONOVAN

No. 81-1677.

710 F.2d 673 (1983)

ROBERT K. BELL ENTERPRISES, INC., an Oklahoma corporation, Plaintiff-Appellant, v. Raymond J. DONOVAN, Successor to Ray Marshall, Secretary of Labor, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 27, 1983.

Attorney(s) appearing for the Case

Bradford S. Baker of Tips, Gibson, Crewson & Baker, Tulsa, Okl., for plaintiff-appellant.

James E. Culp, Washington, D.C. (James E. White, Regional Sol., T. Timothy Ryan, Jr., Sol. of Labor, Frank A. White, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Counsel for Appellate Litigation, and Charles I. Hadden, Asst. Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., with him on the brief), for defendants-appellees.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

The present controversy concerns the efforts of the Occupational Safety and Health Administration to inspect the premises of Robert K. Bell Enterprises, Inc. Bell operates an amusement park in Tulsa, Oklahoma. OSHA's Tulsa area office received a complaint that there were several hazardous working conditions at Bell's park. Pursuant to 29 U.S.C. § 657(f)(1), OSHA's representatives appeared at Bell's park to conduct an inspection. Bell...

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