Ray Marshall, Secretary of Labor, United States Department of Labor v. Nolichuckey Sand Company, Inc.

LIVELY, Circuit Judge.

The question for decision in this case: May an inspector of the Mine Safety & Health Administration enter the premises of a sand and gravel operation to make a routine inspection without a search warrant? The district court held that no warrant was required and enjoined the defendant from refusing to permit inspection of its premises by authorized representatives of the plaintiff.

The case was submitted to the district court on a stipulation and the testimony of a single witness — the supervisor of the in spector who was refused entry by the defendant. This witness was…