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MARTIN v. INTERN. MATEX TANK TERMINALS—BAYONNE

No. 90-5776.

928 F.2d 614 (1991)

Lynn MARTIN, Secretary of Labor, United States Department of Labor, Appellant, v. INTERNATIONAL MATEX TANK TERMINALS—BAYONNE, Appellee.

United States Court of Appeals, Third Circuit.

Decided March 22, 1991.

Attorney(s) appearing for the Case

Robert P. Davis, Sol. of Labor, Cynthia L. Attwood, Associate Sol. for Occupational Safety and Health, Ann Rosenthal, Counsel for Appellate Litigation, Edward O. Falkowski (argued), Washington, D.C., for appellant.

Donald A. Robinson (argued), Thomas D. Ruane, Robinson, St. John & Wayne, Newark, N.J., for appellee.

Before GREENBERG and COWEN, Circuit Judges, and BUCKWALTER, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

The Secretary of Labor appeals from a July 6, 1990, order of the district court quashing an administrative search warrant for the facility of International Matex Tank Terminals — Bayonne ("International Matex") and dismissing her complaint for an order holding International Matex in civil contempt for refusing to honor the search warrant. Because we conclude, contrary to the district court, that the magistrate...

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