Legal Opinion

United States of America, by Raymond J. Donovan, Secretary of Labor, Plaintiff v. Howard Electric Company, a Corporation

Court of Appeals for the Tenth Circuit

Decided August 4, 1986No. 85-1144PublishedCited by 9 opinions

1Opinion of the Court

BALDOCK, Circuit Judge.

On September 26, 1983, the United States of America, acting through Raymond J. Donovan, Secretary of Labor (Secretary), commenced an action in Colorado federal district court against Howard Electric Co. (Howard). The action sought collection of a penalty previously assessed by an Administrative Law Judge (AU) in proceedings before the Occupational Safety and Health Review Commission (Commission). Howard and the Secretary filed cross motions for summary judgment. Howard contended that the district court did not have jurisdiction to order payment of the penalty because…

2Cases cited10 opinions

  1. Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
  2. Investment Company Institute v. Board of Governors of the Federal Reserve SystemCourt of Appeals for the D.C. Circuit · 1977
  3. Callanan Road Improvement Co. v. United StatesSupreme Court of the United States · 1953
  4. McCulloch Interstate Gas Corporation v. Federal Power Commission, Phillips Petroleum Company, IntervenorCourt of Appeals for the Tenth Circuit · 1976
  5. Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and S. J. Otinger, Jr., Construction CompanyCourt of Appeals for the Fifth Circuit · 1974

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3Cited by9 opinions

  1. Williams Natural Gas Co. v. City of Oklahoma CityCourt of Appeals for the Tenth Circuit · 1989
  2. United States v. Metropolitan Petroleum Co., Inc.District Court, S.D. Florida · 1990
  3. Federal Labor Relations Authority v. United States Department Of CommerceCourt of Appeals for the D.C. Circuit · 1992
  4. Federal Labor Relations Authority v. United States Department of CommerceCourt of Appeals for the D.C. Circuit · 1992
  5. UNITED STEELWORKERS, LOCAL 12431 v. SkinnerDistrict Court, D. Rhode Island · 1991

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