Legal Opinion

Marshall v. Central Mine Equipment Co.

Court of Appeals for the Eighth Circuit

Decided November 5, 1979No. 79-1251PublishedCited by 26 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

The Secretary of Labor appeals from an order (1) quashing an Occupational Safety and Health Act (OSHA) search warrant which authorized the wall-to-wall inspection of Central Mine Equipment Company (Central Mine), and (2) granting Central Mine’s motion to suppress the evidence seized in the search undertaken pursuant to that warrant. The District Court summarily affirmed a magistrate’s order which quashed the warrant and suppressed the evidence because the original warrant was overbroad in geographic scope.

A magistrate issued the warrant upon the Secretary’s application,…

2Cases cited6 opinions

  1. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  2. Michigan v. TylerSupreme Court of the United States · 1978
  3. Louis Sager Hunsucker, Jr. v. Robert L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1974
  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. In Re WORKSITE INSPECTION OF QUALITY PRODUCTS, INC., AppellantCourt of Appeals for the First Circuit · 1979

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

3Cited by26 opinions

  1. United States v. James Leroy MartinsonCourt of Appeals for the Ninth Circuit · 1987
  2. Estado Libre Asociado v. Coca Cola Bottling Co.Supreme Court of Puerto Rico · 1984
  3. West Point-Pepperell, Inc. v. Raymond J. Donovan, Secretary of Labor, U. S. Department of LaborCourt of Appeals for the Eleventh Circuit · 1982
  4. Raymond J. Donovan, Secretary of Labor v. Sarasota Concrete Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Eleventh Circuit · 1982
  5. Burkart Randall Division of Textron, Inc. v. MarshallCourt of Appeals for the Seventh Circuit · 1980

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

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