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STOVALL v. A.O. SMITH CORP.

676 S.W.2d 475 (1984)

Thelma L. STOVALL Commissioner of Labor Commonwealth of Kentucky, Appellant, v. A. O. SMITH CORPORATION, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 12, 1984.

Attorney(s) appearing for the Case

Carol M. Palmore, General Counsel, Dept. of Labor, Betty A. Springate, Asst. Counsel, Dept. of Labor, Frankfort, for appellant.

Gary Haight, Milwaukee, Wis., Charles G. Williamson, Jr., Clay, Williamson & Rabe, Mount Sterling, for appellee.

Before HAYES, C.J., and HOWARD and REYNOLDS, JJ.

HAYES, Chief Judge:

The issue to be decided in this appeal is whether KRS 338.101(2) vests exclusive jurisdiction in the Franklin Circuit Court to issue a search warrant to enforce the right of entry of the appellant, Thelma L. Stovall, Commissioner of Labor, to conduct inspections in businesses not otherwise excluded by KRS 338.021, to safeguard employees against hazards in the work areas.

KRS 338.101(2) provides as follows:

If an employer refuses...

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