Legal Opinion

Marshall v. Whittaker Corp.

Court of Appeals for the Third Circuit

Decided November 16, 1979No. 79-1120PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal, similar to but considered separately from Babcock & Wilcox Co. v. Marshall, decided today,1 presents thorny issues regarding mootness and exhaustion of administrative remedies in the context of the latest skirmish between the Occupational Safety and Health Administration (OSHA) and Berwick Forge and Fabricating Company (Berwick), a division of the Whittaker Corporation, as to what legal process must be undertaken and what legal standards must be met before OSHA officials may inspect a manufacturing plant. Because we decide that one portion…

2Cases cited32 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Sibron v. New YorkSupreme Court of the United States · 1968
  3. United States v. CalandraSupreme Court of the United States · 1974
  4. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  5. Dunn v. BlumsteinSupreme Court of the United States · 1972

27 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Rex L. Shuffler and Betty L. Shuffler v. Heritage Bank, a California CorporationCourt of Appeals for the Ninth Circuit · 1983
  2. Susquehanna Valley Alliance v. Three Mile Island Nuclear ReactorCourt of Appeals for the Third Circuit · 1980
  3. McDonald Corporation v. Victory Investments, Samuel H. Rappaport, Leon Silverman, Theodore Snyder, and Elias H. Stein. Appeal of Samuel RappaportCourt of Appeals for the Third Circuit · 1984
  4. Bunker Ltd. Partnership v. United StatesCourt of Appeals for the Ninth Circuit · 1987
  5. Joseph A. Szabo, Regional Director of the National Labor Relations Board v. U.S. Marine CorporationCourt of Appeals for the Seventh Circuit · 1987

20 more not listed; retrieve them via the Exa API.

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