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REICH v. MUTH

Nos. 93-1689, 93-1793.

34 F.3d 240 (1994)

Robert B. REICH, Secretary of Labor; United States Department of Labor, Plaintiffs-Appellees, v. Wayne MUTH, individually; Ed Speary, individually; Jason Nuss, individually; Mike Warner, individually; Hiller Systems, Incorporated, Defendants-Appellants, and Randy Hughes, individually, Defendant. Robert B. REICH, Secretary of Labor; United States Department of Labor, Plaintiffs-Appellants, v. Wayne MUTH, individually; Ed Speary, individually; Jason Nuss, individually; Mike Warner, individually; Hiller Systems, Incorporated, Defendants-Appellees, and Randy Hughes, individually, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1994.

Attorney(s) appearing for the Case

ARGUED: Guilford D. Ware, Crenshaw, Ware & Martin, Norfolk, VA, for appellants. Bruce Justh, Asst. Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, DC, for appellees. ON BRIEF: James L. Chapman, IV, Martha M. Poindexter, Crenshaw, Ware & Martin, Norfolk, VA, for appellants. Thomas S. Williamson, Jr., Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Barbara Werthmann, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, DC, for appellees.

Before ERVIN, Chief Judge, WIDENER, Circuit Judge, and WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge WIDENER and Judge WILSON joined.

OPINION

ERVIN, Chief Judge:

In response to a refusal to comply with an administrative subpoena, the Secretary of Labor, acting through the Occupational Safety and Health Administration (hereinafter "the Secretary" or "OSHA"), brought this enforcement action, pursuant to 29 U.S.C. § 657...

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