MARSHALL v. TEXOLINE CO.

No. 79-2373 Summary Calendar.

612 F.2d 935 (1980)

F. Ray MARSHALL, Secretary of Labor, U. S. Department of Labor, Plaintiff-Appellee, v. The TEXOLINE COMPANY, a corporation, trading and doing business as the Texoline Company, Texoline Quarry, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 28, 1980.


Attorney(s) appearing for the Case

Frank D. McCown, Fort Worth, Tex., Jerry D. O'Neal, Weatherford, Tex., for defendant-appellant.

Frederick W. Moncrief, U. S. Dept. of Labor, Ronald Meisburg, Atty., Arlington, Va., for plaintiff-appellee.

Before BROWN, TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.


FRANK M. JOHNSON, Jr., Circuit Judge:

This appeal from a grant of a motion for summary judgment involves the right of the Secretary of Labor to conduct a health and safety inspection at Texoline Company's gravel pit mine without a warrant. We affirm the order of the district court permitting the Secretary of Labor to do so.

In August, 1977, a federal mine inspector attempted to inspect Texoline's facility but was denied entry. The Secretary

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