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REICH v. MANGANAS

No. 94-3698.

70 F.3d 434 (1995)

Robert REICH, Secretary of Labor, Plaintiff-Appellee, v. Andrew MANGANAS and Manganas Painting Company, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 27, 1995.

Attorney(s) appearing for the Case

Edward Falkowski (argued and briefed), Barbara Werthmann, U.S. Department of Labor, Office of Solicitor, Washington, DC, for Plaintiff-Appellee.

Roger L. Sabo (argued and briefed), Schottenstein, Zox & Dunn, Columbus, OH, for Defendants-Appellants.

Before: JONES and DAUGHTREY, Circuit Judges; GIBSON, District Judge.

DAUGHTREY, Circuit Judge.

The defendants-appellants, Andrew Manganas and Manganas Painting Co., Inc., appeal from an order mandating compliance with the terms of an administrative subpoena issued on behalf of the Occupational Safety and Health Administration. Before this court, the defendants contend that § 10(b) of the Occupational Safety and Health Act, 29 U.S.C. § 659(b), excuses such compliance while the employer is awaiting an administrative decision...

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