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MATTER OF ESTABLISHMENT INSPECTION OF TRINITY INDUSTRIES, INC.

Nos. 89-1333, 89-1389 and 89-1494 Summary Calendar.

898 F.2d 1049 (1990)

In the Matter of ESTABLISHMENT INSPECTION OF TRINITY INDUSTRIES, INC. Appeal of TRINITY INDUSTRIES, INC. Elizabeth DOLE, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee. v. TRINITY INDUSTRIES, INC., and Al Harwell, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 25, 1990.

Attorney(s) appearing for the Case

Robert E. Rader, Jr., Locke Purnell Rain Harrell, Dallas, Tex., for appellant.

John Shortall, Ann Rosenthal, U.S. Dept. of Labor, Washington, D.C., Jerry G. Thorn, U.S. Dept. of Labor, Office of the Sol., Dallas, Tex., for plaintiff-appellee.

Before WILLIAMS, JOLLY, and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge.

The Occupational Safety and Health Administration (OSHA) obtained a warrant pursuant to 29 U.S.C. § 657(a) to conduct a programmed safety inspection of Trinity Industries' plant in Dallas. Trinity contested the magistrate's determination that the warrant application established probable cause, and the district court affirmed the magistrate's ruling. Trinity appealed to this court. While that appeal was pending, OSHA filed a separate...

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