Legal Opinion
Columbia Gas of Pennsylvania, Inc. v. Marshall
Court of Appeals for the Third Circuit
Decided December 23, 1980No. 80-1459PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
JAMES HUNTER, III, Circuit Judge.
Petitioner, Columbia Gas of Pennsylvania, Inc., seeks dismissal of a citation issued by the Occupational Health and Safety Administration (hereinafter “OSHA”). The citation resulted from the July 27, 1978 inspection of a trench in which petitioner’s employees were working on a natural gas pipeline. Columbia contends, inter alia, that OSHA was without authority to act because safety regulations issued by the Department of Transportation preempted their jurisdiction. We agree and therefore vacate the citation and the Commission’s order for…
2Cases cited7 opinions
- Corning Glass Works v. BrennanSupreme Court of the United States · 1974
- Bunn v. Caterpillar Tractor Co.Supreme Court of the United States · 1977
- Southern Pacific Transportation Co. v. UseryCourt of Appeals for the Fifth Circuit · 1976
- Marshall v. Northwest Orient Airlines, Inc.Court of Appeals for the Second Circuit · 1978
- Organized Migrants in Community Action, Inc., Elizabeth Wilder v. Peter Brennan, Secretary, Department of LaborCourt of Appeals for the D.C. Circuit · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United Air Lines, Inc. v. Occupational Safety & Health Appeals BoardCalifornia Supreme Court · 1982
- U. S. Air, Inc., Formerly Allegheny Airlines, Inc. v. Occupational Safety and Health Review Commission, and Secretary of LaborCourt of Appeals for the Fourth Circuit · 1982
- Reich v. NelsonDistrict Court, E.D. Pennsylvania · 1994
- S. Cal. Gas Co. v. Cal. Occupational Safety & Health Appeals Bd.California Court of Appeal · 1997
- Donovan v. Texaco, Inc.District Court, E.D. Texas · 1982
7 more not listed; retrieve them via the Exa API.