Legal Opinion

Ray Marshall, Secretary of Labor, U. S. Department of Labor, Plaintiff v. Elden Wait, Trading and D/B/A Elden Wait, Greenstone Quarry, Defendant

Court of Appeals for the Ninth Circuit

Decided September 29, 1980No. 78-2345PublishedCited by 14 opinions

1Opinion of the Court

J. BLAINE ANDERSON, Circuit Judge:

Wait appeals the granting of a permanent injunction against, inter alia, interference with the inspection of his quarry by representatives of the Secretary of Labor under the provisions of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801, et seq. (hereafter “the 1977 Act”). The issuance of injunctions to prevent interference with mine safety inspections is authorized by 30 U.S.C. § 818. We reverse.

Wait operates a rock quarry located in Amador County, California. The quarry, which has been in Wait’s family since around the turn of the century,…

2Cases cited15 opinions

  1. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  2. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  3. Almeida-Sanchez v. United StatesSupreme Court of the United States · 1973
  4. See v. City of SeattleSupreme Court of the United States · 1967
  5. United States v. BiswellSupreme Court of the United States · 1972

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Auwood v. Harry Brandt Booking Office, Inc.Court of Appeals for the Second Circuit · 1988
  2. United States v. BakerCourt of Appeals for the Ninth Circuit · 1981
  3. Cyprus Industrial Minerals Company v. Federal Mine Safety and Health Review Commission, and Raymond J. Donovan, Secretary of LaborCourt of Appeals for the Ninth Circuit · 1981
  4. United States v. BakerCourt of Appeals for the Ninth Circuit · 1981
  5. Serpas v. SchmidtDistrict Court, N.D. Illinois · 1985

9 more not listed; retrieve them via the Exa API.

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