Legal Opinion
F. Ray Marshall, Secretary of Labor, United States Department of Labor v. Daniel Construction Company, Inc.
Court of Appeals for the Fifth Circuit
Decided December 30, 1978No. 76-1465PublishedCited by 16 opinions
1Opinion of the Court
CHARLES CLARK, Circuit Judge:
Pursuant to 29 U.S.C. § 660(c)(2)1 of the Occupational Safety and Health Act of 1970, id. §§ 651 et seq., the United States Secretary of Labor (Secretary) filed a complaint in the district court alleging that defendant, Daniel Construction Company (Daniel), had discharged one of its employees, Jimmy D. Simpson, for refusing to perform a task “under conditions which reasonably caused him to conclude that there was a real and immediate danger of death or serious injury to him if he performed his assigned work,”2 and that, since Simpson’s refusal to work under these…
2Cases cited15 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
- Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
- United States v. Universal C. I. T. Credit Corp.Supreme Court of the United States · 1952
- Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Whirlpool Corp. v. MarshallSupreme Court of the United States · 1980
- Delano v. City of South PortlandSupreme Judicial Court of Maine · 1979
- Comtran Group, Inc. v. U.S. Department of LaborCourt of Appeals for the Eleventh Circuit · 2013
- Marshall v. Whirlpool Corp.Court of Appeals for the Sixth Circuit · 1979
- Ray MARSHALL, Secretary of Labor, Plaintiff, Appellee, v. COMMONWEALTH AQUARIUM, Defendant, AppellantCourt of Appeals for the First Circuit · 1979
11 more not listed; retrieve them via the Exa API.