Legal Opinion
Cerro Metal Products v. Marshall
District Court, E.D. Pennsylvania
Decided March 8, 1979No. Civ. A. 78-3713, 79-77PublishedCited by 23 opinions
1Opinion of the Court
POLLAK, District Judge.
These two cases, Cerro Metal Products v. Marshall, No. 78-3713, and Fleck Industries, Inc. v. Marshall, No. 79-77, are entirely separate lawsuits, but they present a common question of law. For that reason, they have been consolidated for argument and are dealt with together in this opinion.
The question of law linking the cases is rooted in Marshall v. Barlow’s, Inc., 436 U.S. 307, 98 S.Ct. 1816, 56 L.Ed.2d 305 (1978), which considered the validity of a key enforcement provision of the Occupational Safety and Health Act of 1970. 29 U.S.C. § 651, et seq. That Act vests…
2Cases cited27 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. NixonSupreme Court of the United States · 1974
- Udall v. TallmanSupreme Court of the United States · 1965
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
- Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
22 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cerro Metal Products v. MarshallCourt of Appeals for the Third Circuit · 1980
- United States Department of Labor v. Kast Metals CorporationCourt of Appeals for the Fifth Circuit · 1984
- Raymond J. Donovan, Secretary of Labor, Petitioner/cross-Respondent v. Red Star Marine Services, Inc., Respondent/cross-PetitionerCourt of Appeals for the Second Circuit · 1984
- Simpson v. KilcherSupreme Court of Missouri · 1988
- In the Matter of Establishment Inspection of Kulp Foundry, Inc. Appeal of Kulp Foundry, Inc. In 81-2450. Appeal of Secretary of Labor in 81-2451Court of Appeals for the Third Circuit · 1982
18 more not listed; retrieve them via the Exa API.