Legal Opinion
Continental Can Co., U. S. A. v. Marshall
Court of Appeals for the Seventh Circuit
Decided July 12, 1979No. 78-2144PublishedCited by 28 opinions
1Opinion of the Court
PELL, Circuit Judge.
The primary issue in this appeal is whether the district court erred in enjoining the Secretary of Labor (Secretary) from prosecuting all pending and future citations against Continental Can Company (Continental) pursuant to the Occupational Safety and Health Act (OSHA) regulations regarding excessive noise, 29 C.F.R. § 1910.*59295(b)(1). Before addressing the application of collateral estoppel, exhaustion, and due process to the resolution of this issue, we will review the underlying facts as they are critical to our decision.
I
Continental operates approximately eighty metal can…
2Cases cited19 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- McKart v. United StatesSupreme Court of the United States · 1969
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Grip-Pak, Inc. v. Illinois Tool Works, Inc.Court of Appeals for the Seventh Circuit · 1983
- Babcock & Wilcox Co. v. MarshallCourt of Appeals for the Third Circuit · 1979
- County of Cook v. Midcon Corp.Court of Appeals for the Seventh Circuit · 1985
- County of Cook v. Midcon Corp.District Court, N.D. Illinois · 1983
- Thillens, Inc. v. Community Currency Exchange Ass'n of Illinois, Inc.District Court, N.D. Illinois · 1983
23 more not listed; retrieve them via the Exa API.