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BRENNAN v. GIBSON'S PRODUCTS, INC. OF PLANO

Civ. A. No. S-75-5-CA.

407 F.Supp. 154 (1976)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor v. GIBSON'S PRODUCTS, INC. OF PLANO, a corporation, and Gibson's Discount Centers, Inc., a corporation.

United States District Court, E. D. Texas, Sherman Division.

January 26, 1976.

Attorney(s) appearing for the Case

Roby Hadden, U. S. Atty., C. Houston Abel, Asst. U. S. Atty., E. D. Tex., Tyler, Tex., for petitioner.

Robert E. Rader, Jr., Bardwell D. Odum, Dallas, Tex., Charles Alan Wright, Austin, Tex., for respondents.

Before GEE, Circuit Judge, and JUSTICE and STEGER, District Judges.

OPINION OF THE COURT

GEE, Circuit Judge:

This case requires us to determine the meaning and constitutionality of a portion of the inspection provisions of the Occupational Safety and Health Act of 1970 (OSHA).1

On October 23, 1974, Gibson's Products, Inc. of Plano (Gibson's), a corporation, maintained a store at 2505 Avenue K, Plano, Texas. As is customary, portions of it were open to the public and portions were not...

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