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TRINITY INDUSTRIES, INC. v. MARTIN

No. 91-1476.

963 F.2d 795 (1992)

TRINITY INDUSTRIES, INC., Plaintiff-Appellee, v. Lynn MARTIN, Secretary of Labor, et al., Defendants, Lynn Martin, Secretary of Labor, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 22, 1992.

Attorney(s) appearing for the Case

Robert Allen Fitz, Trial Atty., Dallas, Tex., John Shortall, Barbara Werthmann, Secretary of Labor/OSHA, U.S. Dept. of Labor, Bruce Justh, Acting Counsel, Washington, D.C., for defendant-appellant.

Robert E. Rader, Jr., Bradley C. Weber, Locke, Purnell, Rain & Harrell, Dallas, Tex., for Trinity Industries, Inc.

Before WILLIAMS, JOLLY, and HIGGINBOTHAM, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Lynn Martin, Secretary of Labor, appeals from the district court's entry of summary judgment in favor of Trinity Industries, Inc. (Trinity), in which it declared certain rights of Trinity in an OSHA investigation, including Trinity's right to be present during employee interviews. We find that the district court erred in finding that Trinity had standing to bring this action, vacate the district court's judgment, and dismiss the case...

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