REICH v. MONTANA SULPHUR & CHEMICAL CO.

No. 93-35076.

32 F.3d 440 (1994)

Robert B. REICH, Secretary of Labor, United States Department of Labor, Petitioner-Appellee, v. MONTANA SULPHUR & CHEMICAL COMPANY, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1994.


Attorney(s) appearing for the Case

Brian K. Gallik, James H. Goetz, Goetz, Madden & Dunn, Bozeman, MT, for respondent-appellant.

Terri P. DeLeon, Barbara Werthmann, U.S. Dept. of Labor, Washington, DC, for petitioner-appellee.

Before: POOLE, BRUNETTI and KLEINFELD, Circuit Judges.


POOLE, Circuit Judge:

In this appeal from a subpoena enforcement order, we revisit the boundaries limiting an administrative agency's ability to conduct preliminary investigations.

I

Montana Sulphur & Chemical Company (MSCC) is a chemical manufacturer which deals with hazardous materials, including hydrogen sulfide. On December 10, 1991, the Billings office of the Occupational Safety & Health Administration (OSHA) received a phone call from...

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