Legal Opinion
In the Matter Of: Establishment Inspection of Gould Publishing Company. Gould Publishing Company v. United States
Court of Appeals for the Second Circuit
Decided June 3, 1991No. 1429, Docket 90-6286PublishedCited by 4 opinions
1Opinion of the Court
OAKES, Chief Judge:
This case asks us to choose sides in a growing controversy as to whether a federal district court may review the validity of an administrative warrant, and enjoin the use of evidence seized in an inspection pursuant to that warrant, before a final decision has been rendered in the administrative forum. In answering that question in the negative, we join the majority of courts that have considered the issue.
Gould Publishing Corporation (“Gould”) is engaged in book publishing and related activities at a worksite in Binghamton, New York. On or about February 7, 1989, Alice…
2Cases cited15 opinions
- Franks v. DelawareSupreme Court of the United States · 1978
- United States v. CalandraSupreme Court of the United States · 1974
- McKart v. United StatesSupreme Court of the United States · 1969
- Renegotiation Board v. Bannercraft Clothing Co.Supreme Court of the United States · 1974
- Babcock & Wilcox Co. v. MarshallCourt of Appeals for the Third Circuit · 1979
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3Cited by4 opinions
- Kentucky Labor Cabinet v. GrahamKentucky Supreme Court · 2001
- Sturm, Ruger & Co., Inc. v. Occupational Safety and Health AdministrationCourt of Appeals for the First Circuit · 1999
- Fusco v. Rome Cable Corp.District Court, N.D. New York · 1996
- Otis Elevator Co. v. Local 91, International Union of Elevator ConstructorsDistrict Court, D. Connecticut · 2005