Ray MARSHALL, Secretary of Labor, Petitioner-Appellant, v. BURLINGTON NORTHERN, INC., Respondent-Appellee
Court of Appeals for the Ninth Circuit
1Opinion of the Court
HUG, Circuit Judge:
The Secretary of Labor appeals the district court’s order preventing an Occupational Safety and Health Administration compliance officer from inspecting Burlington Northern, Inc.’s railroad yard facilities at Laurel, Montana. The district judge ruled that OSHA’s jurisdiction did not extend to Burlington’s Laurel operations because the Federal Railroad Administration (FRA) declared an intent to exercise its statutory authority in promulgating and enforcing standards affecting the occupational safety and health of Burlington’s Laurel employees. We find that Burlington…
2Cases cited6 opinions
- Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
- Parisi v. DavidsonSupreme Court of the United States · 1972
- In the Matter of Establishment of Restland Memorial ParkCourt of Appeals for the Third Circuit · 1976
- Sid Casey v. Federal Trade Commission, Federal Trade Commission v. Sid CaseyCourt of Appeals for the Ninth Circuit · 1978
- F. Ray MARSHALL, Secretary of Labor, U. S. Department of Labor, Petitioner-Appellee, v. ABLE CONTRACTORS, INC., Respondent-AppellantCourt of Appeals for the Ninth Circuit · 1978
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3Cited by55 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
- Shawnee Coal Company v. Cecil D. Andrus, Secretary of the InteriorCourt of Appeals for the Sixth Circuit · 1981
- Cerro Metal Products v. MarshallCourt of Appeals for the Third Circuit · 1980
- Aleknagik Natives Ltd. v. AndrusCourt of Appeals for the Ninth Circuit · 1980
- Equal Employment Opportunity Commission v. Karuk Tribe Housing Authority, OpinionCourt of Appeals for the Ninth Circuit · 2001
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