Legal Opinion

Raymond J. Donovan, Secretary of Labor, Petitioner/cross-Respondent v. Red Star Marine Services, Inc., Respondent/cross-Petitioner

Court of Appeals for the Second Circuit

Decided July 10, 1984No. Cal. 727, 728, Dockets 83-4158, 4168PublishedCited by 43 opinions

1Opinion of the Court

RE, Chief Judge:

By cross-petitions, both parties appeal from a final order of the Occupational Safety and Health Review Commission (Commission) which held that, although the Occupational Safety and Health Administration (OSHA) obtained a valid ex parte warrant, it did not have jurisdiction over the working conditions of “seamen” aboard an “uninspected vessel.” In general terms, this case presents a jurisdictional conflict between two federal agencies, OSHA and the Coast Guard.

The two questions presented are: (1) whether OSHA has jurisdiction over the “working conditions” of employees aboard…

2Cases cited28 opinions

  1. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  2. Udall v. TallmanSupreme Court of the United States · 1965
  3. Cohens v. VirginiaSupreme Court of the United States · 1821
  4. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  5. See v. City of SeattleSupreme Court of the United States · 1967

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

3Cited by43 opinions

  1. Peterson v. BMI RefractoriesCourt of Appeals for the Eleventh Circuit · 1997
  2. A.Q.C. Ex Rel. Castillo v. United StatesCourt of Appeals for the Second Circuit · 2011
  3. Michael Pratico v. Portland Terminal CompanyCourt of Appeals for the First Circuit · 1985
  4. In Re Grand Jury Subpoena Duces Tecum Dated October 29, 1992. United States of America v. John DoeCourt of Appeals for the Second Circuit · 1993
  5. United States v. ColasuonnoCourt of Appeals for the Second Circuit · 2012

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API