Raymond J. DONOVAN, Secretary of Labor, Plaintiff-Appellant, v. HUFFINES STEEL COMPANY, Defendant-Appellee

The only question raised by this case is whether the words “compulsory process” in an OSHA regulation, 8 C.F.R. § 1903.4, include warrants issued ex parte. Concluding that they do not, the district court quashed a warrant issued in 1979 without notice to the party whose premises were to be inspected. I would have acted differently, but circumstances have now so changed that I would simply dismiss the appeal as moot in practical effect if not in theory.

Shortly after the regulation was promulgated, OSHA in 1972 issued an internal operations manual that instructed the area director to secure an…