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BARLOW'S, INC. v. USERY

Civ. No. 1-76-3.

424 F.Supp. 437 (1976)

BARLOW'S, INC., an Idaho Corporation, Plaintiff, v. W. J. USERY, Secretary of Labor of the United States of America, in his official capacity, et al., Defendants.

United States District Court, D. Idaho.

As Corrected January 25, 1977.

Attorney(s) appearing for the Case

John L. Runft, Runft & Longeteig, Chartered, Boise, Idaho, for plaintiff.

Paul L. Westberg, Asst. U. S. Atty., Boise, Idaho, for defendants.

Before KOELSCH and ANDERSON, Circuit Judges, and McNICHOLS, Chief District Judge.

MEMORANDUM DECISION AND ORDER

J. BLAINE ANDERSON, Circuit Judge:

Plaintiff is an Idaho corporation in good standing situated in Pocatello, Idaho. Its business is the installation of electrical and plumbing fixtures, heating and air conditioning units. The corporation is engaged in interstate commerce in that it purchases and uses materials such as sheet metal which are made without the State of Idaho.

On September 11, 1975, Occupational Safety and...

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