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DONOVAN v. RED STAR MARINE SERVICES, INC.

Cal. Nos. 727, 728, Dockets 83-4158, 4168.

739 F.2d 774 (1984)

Raymond J. DONOVAN, Secretary of Labor, Petitioner/Cross-Respondent, v. RED STAR MARINE SERVICES, INC., Respondent/Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided July 10, 1984.

Attorney(s) appearing for the Case

James E. Culp, Atty. U.S. Dept. of Labor, Washington, D.C. (Francis X. Lilly, Deputy Sol. of Labor, Frank A. White, Associate Sol., for Occupational Safety and Health, Dennis K. Kade, Counsel for Appellate Litigation; Shelley D. Hayes, Atty., Washington, D.C., of counsel), for petitioner/cross-respondent.

James M. Kenny, New York City (McHugh, Leonard & O'Conor, New York City, of counsel), for respondent/cross-petitioner.

Before VAN GRAAFEILAND and TIMBERS, Circuit Judges, and RE, Chief Judge.

RE, Chief Judge:

By cross-petitions, both parties appeal from a final order of the Occupational Safety and Health Review Commission (Commission) which held that, although the Occupational Safety and Health Administration (OSHA) obtained a valid ex parte warrant, it did not have jurisdiction over the working conditions of "seamen" aboard an "uninspected vessel." In general terms, this case presents a jurisdictional...

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