PEOPLE v. CHICAGO MAGNET WIRE CORP.

No. 65588.

126 Ill.2d 356 (1989)

534 N.E.2d 962

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. CHICAGO MAGNET WIRE CORPORATION et al., Appellees.

Supreme Court of Illinois.

Opinion filed February 2, 1989.


Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (Frank J. Parkerson, Glenn E. Carr, Jay C. Magnuson, and Glenn C. Sechen, Assistant State's Attorneys, of counsel), for the People.

George J. Cotsirilos and Robert M. Stephenson, of Cotsirilos, Crowley, Stephenson, Tighe & Streicker, Ltd., of Chicago, for appellee Chicago Magnet Wire Corporation.

Patrick A. Tuite, of Chicago, for appellee Kevin Keane.

Harvey M. Silets, of Silets & Martin, Ltd., of Chicago, for appellee Anthony Jordan.

William J. Martin, of Oak Park, for appellees Gerald Colby, Allan Simon and Frank Asta.

George H. Cohen, Robert M. Weinberg and Virginia A. Seitz, of Bredhoff & Kaiser, and Laurence Gold, all of Washington, D.C., for amicus curiae American Federation of Labor and Congress of Industrial Organizations.

Frank F. Fowle, Edward B. Miller, Thomas D. Nyhan, Charles M. Chadd and James A. Spizzo, of Chicago (Pope, Ballard, Shepard & Fowle, Ltd., of Chicago, and Stephen A. Bokat, of Washington, D.C., of counsel), for amici curiae Chamber of Commerce of the United States et al.

Elizabeth Holtzman, District Attorney, of Brooklyn, New York (Barbara D. Underwood, Nikki Kowalski and Shulamit Rosenblum, Assistant District Attorneys, of counsel), Scott Harshbarger, District Attorney, of Cambridge, Massachusetts (James C. Howard and Fern Nesson, Assistant District Attorneys, of counsel), and Ira Reiner, District Attorney, of Los Angeles, California (Jan Chatten-Brown, Assistant District Attorney, of counsel), amici curiae in support of the People of the State of Illinois.

Daniel J. Popeo, Paul D. Kamenar and Phillip D. Mink, of Washington, D.C., for amicus curiae Washington Legal Foundation.

Donald L. Morgan and W. Richard Bidstrup, of Cleary, Gottlieb, Steen & Hamilton, of Washington, D.C., for amicus curiae Synthetic Organic Chemical Manufacturers Association.


Judgments reversed; cause remanded.

JUSTICE WARD delivered the opinion of the court:

The issue we consider on this appeal is whether the Occupational Safety and Health Act of 1970 (OSHA) (29 U.S.C. § 651 et seq. (1982)) preempts the State from prosecuting the defendants, in the absence of approval from OSHA officials, for conduct which is regulated by OSHA occupational health and safety standards.

Indictments returned in the circuit court...

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