Trinity Industries, Inc. v. Dole

MEMORANDUM OPINION AND ORDER

BELEW, District Judge.

Pending before the Court are Defendant’s Motion for Judgment on the Pleadings or alternatively, for Summary Judgment, filed July 6, 1990, and Plaintiff’s Motion for Summary Judgment, filed October 12, 1990. After careful consideration of the Motions, the parties’ briefs and the applicable law, the Court is of the opinion that summary judgment should be entered in favor of the Plaintiffs for the reasons that follow.

I. BACKGROUND

The Statutory Scheme

Section 6 of the Occupational Safety and Health (“OSH”) Act, 29 U.S.C. § 655, directs the…