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DAVIS METAL STAMPING, INC. v. OSHRC

No. 85-4403.

800 F.2d 1351 (1986)

DAVIS METAL STAMPING, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and William E. Brock, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

September 19, 1986.

Attorney(s) appearing for the Case

Lacey L. Gourley, Gardere & Wynne, Ronald M. Gaswirth, Joseph F. Guida, Dallas, Tex., for Davis Metal Stamping, Inc.

Ray H. Darling, Executive Secretary, Washington, D.C., for Occupational Safety and Health Review Com'n.

Sandra Lord, U.S. Dept. of Labor, Office of Solicitor, Washington, D.C., for Secretary of Labor.

Before GEE, GARZA, and HIGGINBOTHAM, Circuit Judges.

GEE, Circuit Judge:

This is an appeal from an order of the Occupational Safety and Health Review Commission ("OSHRC" or "the Commission") issued on April 15, 1985 against Davis Metal Stamping, Inc. (Davis Metal). The Commission ruled that an ex parte administrative search warrant obtained to inspect Davis Metal's plant in 1978 was invalid, but that because of the good faith exception, the evidence gathered against Davis Metal during the inspection should not...

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