Legal Opinion

Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Hackney, Inc., and Wayne Schwedland

Court of Appeals for the Tenth Circuit

Decided July 30, 1985No. 84-1495, 84-1568 and 85-1287PublishedCited by 17 opinions

1Opinion of the Court

McWILLIAMS, Circuit Judge.

A federal magistrate issued the Secretary of Labor a warrant authorizing a work-site inspection of Hackney, Inc. for possible violations of the Occupational Safety and Health Act, 29 U.S.C. § 651, et seq. Hackney is located in Enid, Oklahoma and is engaged in the business of manufacturing welding fittings. However, the OSHA agent, armed with an inspection warrant, was denied entry to the plant by the plant manager, Wayne Schwedland, who was acting on instructions from Hackney’s counsel. The Secretary then instituted the present proceeding by which it sought to hold…

2Cases cited10 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  3. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  4. Moe v. Avions Marcel Dassault-Breguet AviationCourt of Appeals for the Tenth Circuit · 1984
  5. Babcock & Wilcox Co. v. MarshallCourt of Appeals for the Third Circuit · 1979

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3Cited by17 opinions

  1. In the Matter of Establishment Inspection of Skil Corporation. Appeal of Skil CorporationCourt of Appeals for the Seventh Circuit · 1988
  2. In the Matter of Application to Adjudge Trinity Industries, Inc. In Civil Contempt. (Two Cases) United States of America v. Trinity Industries, Inc., United States of America, Cross-Appellant v. Trinity Industries, Inc., Cross-Appellee. Ann McLaughlin Secretary of Labor, United States Department of Labor v. Mosher Steel Company, Division of Trinity Industries, Inc., and Roger Love, Plant ManagerCourt of Appeals for the Eleventh Circuit · 1989
  3. Matter of Grand Jury Subpoena of June 12, 1986District Court, D. Maryland · 1988
  4. Hackney, Inc. v. Ann McLaughlin Secretary of Labor, and Occupational Safety and Health Review CommissionCourt of Appeals for the Tenth Circuit · 1990
  5. Donovan v. Trinity Industries, Inc.Court of Appeals for the Eighth Circuit · 1987

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