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McLAUGHLIN v. KINGS ISLAND

No. 87-3457.

849 F.2d 990 (1988)

Ann McLAUGHLIN, United States Secretary of Labor, Petitioner, v. KINGS ISLAND, DIVISION OF TAFT BROADCASTING COMPANY, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 6, 1988.

Attorney(s) appearing for the Case

George E. Salem, Sol. of Labor, Cynthia L. Attwood, Assoc. Sol. for OSH, Joseph M. Woodward, Appellate Litigation, Andrea C. Casson, Asst. Counsel for Appellate Lit., U.S. Dept. of Labor, Washington, D.C. Ellen L. Beard (argued), for petitioner.

A. Christian Worrell, III (argued), Bruce A. Hoffman, Kings Island, Graydon, Head & Ritchey, Cincinnati, Ohio, Ray H. Darling, Jr., Executive Secretary, OSHRC, Washington, D.C., for respondents.

Before MILBURN and BOGGS, Circuit Judges, and ALDRICH, District Judge.

MILBURN, Circuit Judge.

Petitioner Secretary of Labor ("the Secretary") seeks review of a decision and order of the Occupational Safety and Health Review Commission ("the Commission") finding 29 C.F.R. § 1904.7(a), promulgated by the Secretary under the Occupational Safety and Health Act ("OSHA" or "the Act"), 29 U.S.C. §§ 651-78, to be in violation of the Fourth Amendment's prohibition against unreasonable searches and seizures. For the reasons that...

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