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DONOVAN v. TRINITY INDUSTRIES, INC.

No. 86-1623.

824 F.2d 634 (1987)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Appellee, v. TRINITY INDUSTRIES, INC., a Texas Corporation doing business in Crittenden County, Arkansas, as Hackney, Inc., and John Brooks, Appellants. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Appellee, v. TRINITY INDUSTRIES, INC., a Texas Corporation doing business in Crittenden County, Arkansas, as Hackney, Inc., and Donald Stephens, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1987.

Rehearing and Rehearing Denied September 24, 1987.

Attorney(s) appearing for the Case

Robert E. Rader, Jr., Dallas, Tex., for appellants.

Andrea C. Casson, Washington, D.C., for appellee.

Before HEANEY, McMILLIAN and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 24, 1987.

HEANEY, Circuit Judge.

In 1983, a federal magistrate issued the Secretary of Labor two warrants, one authorizing a health inspection and the other a safety inspection of Trinity Industries, Inc.'s, Crittenden County, Arkansas, pipe fabricating plant for possible violations of the Occupational Safety and Health Act, 29 U.S.C. §§ 651-678. Trinity refused...

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