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TRINITY MARINE PRODUCTS, INC. v. CHAO

No. 06-60993.

512 F.3d 198 (2007)

TRINITY MARINE PRODUCTS, INC., Petitioner, v. Elaine CHAO, Secretary, Department of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

December 26, 2007.

Attorney(s) appearing for the Case

Robert E. Rader, Jr. (argued), Rader & Campbell, Dallas, TX, for Petitioner.

Lee Gary Grabel (argued), Charles Franklin James, Howard M. Radzely, Ray H. Darling, Executive Sec., Joseph Woodward, U.S. Dept, of Labor, OSHA, Washington, DC, for Respondent.

Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Over the objection of Trinity Marine Products, Inc. ("Trinity"), but pursuant to an administrative search warrant, compliance officers from the Occupational Safety and Health Administration ("OSHA") inspected a workplace owned by Trinity and issued citations. Trinity claims that the search violated the Fifth Amendment because OSHA threatened to arrest Trinity personnel who interfered with the search, but the constitutionally required...

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