Legal Opinion

Ray Marshall, Secretary of Labor, United States Department of Labor v. Stoudt's Ferry Preparation Company

Court of Appeals for the Third Circuit

Decided July 19, 1979No. 78-2364PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we determine that the word “mine” as used in the Mine Safety and Health Amendments Act of 1977 includes appellant’s preparation plant, which separates a low-grade fuel from sand and gravel dredged from a riverbed. We also find the warrantless inspection provisions of the Act sufficiently distinguishable from those of the Occupational Health and Safety Act so as to withstand constitutional challenge. We therefore affirm an order of the district court permitting the Secretary of Labor to inspect the appellant’s facility without a warrant.

The…

2Cases cited6 opinions

  1. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  2. United States v. BiswellSupreme Court of the United States · 1972
  3. Colonnade Catering Corp. v. United StatesSupreme Court of the United States · 1970
  4. Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
  5. Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923

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

3Cited by37 opinions

  1. Donovan v. DeweySupreme Court of the United States · 1981
  2. Raymond J. Donovan, Secretary of Labor v. Carolina Stalite Company, (Two Cases.)Court of Appeals for the D.C. Circuit · 1984
  3. Ray Marshall, Secretary of Labor, United States Department of Labor v. Nolichuckey Sand Company, Inc.Court of Appeals for the Sixth Circuit · 1979
  4. Pennsylvania Electric Company v. Federal Mine Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1992
  5. United States v. Blue Diamond Coal Company, Scotia Coal CompanyCourt of Appeals for the Sixth Circuit · 1982

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