Legal Opinion

In the Matter of Establishment Inspection of Midwest Instruments Company. Appeal of Elizabeth H. Dole, United States Secretary of Labor

Court of Appeals for the Seventh Circuit

Decided April 27, 1990No. 89-2819PublishedCited by 7 opinions

1Opinion of the Court

CUDAHY, Circuit Judge.

After receiving a formal employee complaint about allegedly unsafe working conditions at a plant owned and operated by Midwest Instruments Company and being refused permission to search the plant, the Secretary of Labor applied for an inspection warrant. The application was denied by a magistrate on the grounds that it failed to support a reasonable inference that the alleged working conditions had caused the wrist and neck injuries described in the complaint. The magistrate also found that the employee complaint failed to provide the “reasonable particularity” required…

2Cases cited10 opinions

  1. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  2. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  3. Michigan v. TylerSupreme Court of the United States · 1978
  4. 6 O.S.H. Cas.(bna) 2151, 1979 O.S.H.D. (Cch) P 23,243 in the Matter of Establishment Inspection of Gilbert & Bennett Manufacturing Company, a Corporation. Appeal of Raymond H. Routh and Frank A. Elton. Ray Marshall, Secretary of Labor, United States Department of Labor v. Chromalloy American Corporation, Federal Malleable Division, DefendantCourt of Appeals for the Seventh Circuit · 1979
  5. WEYERHAEUSER COMPANY, Plaintiff-Appellee, v. Ray MARSHALL, Secretary of Labor, Et Al., Defendants-AppellantsCourt of Appeals for the Seventh Circuit · 1979

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3Cited by7 opinions

  1. In re Sulfuric Acid Antitrust LitigationDistrict Court, N.D. Illinois · 2006
  2. Lynn Martin, Secretary of Labor, United States Department of Labor v. International Matex Tank Terminals--BayonneCourt of Appeals for the Third Circuit · 1991
  3. In the Matter of Establishment Inspection of Microcosm. Appeal of John C. Justice, Doing Business as MicrocosmCourt of Appeals for the Seventh Circuit · 1991
  4. In the Matter of Establishment Inspection of Caterpillar IncorporatedCourt of Appeals for the Seventh Circuit · 1995
  5. Reich v. Kelly-Springfield Tire Co.Court of Appeals for the Seventh Circuit · 1994

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