Legal Opinion
F. Ray MARSHALL, Secretary of Labor, U. S. Department of Labor, Petitioner-Appellee, v. ABLE CONTRACTORS, INC., Respondent-Appellant
Court of Appeals for the Ninth Circuit
Decided January 10, 1978No. 76-1615PublishedCited by 30 opinions
1Per curiam
Able Contractors (Able) appeals from a district court order compelling it to submit to inspections under the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651, et seq. 1 The Secretary of Labor sought the injunction after Able on several occasions refused inspectors access to its premises and worksites.
The crux of Able’s defense was that before inspections under § 657(a) can proceed the Secretary must prove that Able is an employer “engaged in a business affecting commerce,” [§ 652(5)] and therefore subject to OSHA’s coverage. Able argues that the Secretary must resort to a…
2Cases cited9 opinions
- Oklahoma Press Publishing Co. v. WallingSupreme Court of the United States · 1946
- Endicott Johnson Corp. v. PerkinsSupreme Court of the United States · 1943
- Parisi v. DavidsonSupreme Court of the United States · 1972
- Federal Maritime Commission v. Port of SeattleCourt of Appeals for the Ninth Circuit · 1975
- In the Matter of Establishment of Restland Memorial ParkCourt of Appeals for the Third Circuit · 1976
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Margaret Daly-Murphy v. Michael Winston, E. Carmack Holmes, Arthur S. Kling, Ronald L. Nelson and the Veterans AdministrationCourt of Appeals for the Ninth Circuit · 1988
- Vélez Ramírez v. Romero BarcelóSupreme Court of Puerto Rico · 1982
- Plum Creek Lumber Co. v. HuttonCourt of Appeals for the Ninth Circuit · 1979
- Babcock & Wilcox Co. v. MarshallCourt of Appeals for the Third Circuit · 1979
- Equal Employment Opportunity Commission v. Karuk Tribe Housing Authority, OpinionCourt of Appeals for the Ninth Circuit · 2001
25 more not listed; retrieve them via the Exa API.