IN RE INSPECTION OF NORFOLK DREDGING CO.

No. 84-5896.

783 F.2d 1526 (1986)

In re INSPECTION OF NORFOLK DREDGING COMPANY. Appeal of UNITED STATES SECRETARY OF LABOR, Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 14, 1986.


Attorney(s) appearing for the Case

Andrea C. Casson, U.S. Dept. of Labor, Washington, D.C., for appellant.

Ronald A. Fitzgerald, Ft. Lauderdale, Fla., for Norfolk Dredging Co.

Before VANCE and HATCHETT, Circuit Judges, and ATKINS, Senior District Judge.


Rehearing and Rehearing En Banc Denied April 14, 1986.

HATCHETT, Circuit Judge:

The district court quashed an Occupational Safety and Health Administration (OSHA) inspection warrant on the ground that OSHA lacks jurisdiction over working conditions aboard uninspected vessels in navigable waters. We reverse.

FACTS AND PROCEDURAL HISTORY

Appellee, Norfolk Dredging Company (Norfolk) operates a dredge known as "Jekyll Island" in navigable waters...

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