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IN RE ESTABLISHMENT INSPECTION OF HERN IRON WORKS

No. 88-3668.

881 F.2d 722 (1989)

In re ESTABLISHMENT INSPECTION OF HERN IRON WORKS, INC. DEPARTMENT OF LABOR OSHA, Plaintiff-Appellee, v. HERN IRON WORKS, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1989.

Attorney(s) appearing for the Case

Paul Farley, Mountain States Legal Foundation, Denver, Colo., for defendant-appellant Hern Iron Works, Inc.

John Shortall, Dept. of Labor, Washington, D.C., forplaintiff-appellee Occupational Safety and Health Admin. and the U.S. Dept. of Labor.

Before REINHARDT, KOZINSKI and TROTT, Circuit Judges.

REINHARDT, Circuit Judge:

On June 11, 1987, Chief Judge Marion J. Callister of the District Court of Idaho issued a warrant authorizing officers of the Occupational Safety and Health Administration (OSHA) to inspect an iron foundry in Coeur d'Alene owned and operated by Hern Iron Works (Hern Iron). On the morning of June 23, OSHA inspectors served the administrative warrant on the principal owner and chief executive officer of the company, John Hern, Jr. (Hern). Hern...

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