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IN RE ESTABLISHMENT INSPECTION OF KOHLER CO.

No. 90-1990.

935 F.2d 810 (1991)

In re ESTABLISHMENT INSPECTION OF KOHLER COMPANY. Appeal of KOHLER CO.

United States Court of Appeals, Seventh Circuit.

Decided June 4, 1991.

Attorney(s) appearing for the Case

Stephen A. Ingraham, Asst. U.S. Atty., Office of U.S. Atty., Milwaukee, Wis., Bruce Justh, Dept. of Labor, Appellate Litigation, Washington, D.C., Cyrus A. Alexander, Dept. of Labor, Chicago, Ill., for petitioner-appellee.

Timothy P. Payne, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., Paul H. Ten Pas, Kohler, Wis., for respondent-appellant.

Before CUMMINGS, POSNER, and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

Respondent Kohler Company seeks to quash an administrative search warrant issued to the Occupational Safety and Health Administration (OSHA). Kohler claims that OSHA lacked probable cause to inspect its plant. OSHA has completed the inspection and maintains that the case is moot. Kohler has not exhausted the administrative remedies available to it, however, and we decline to enter the fray before the Occupational Safety and Health Review Commission...

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