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MARSHALL v. SUPERIOR SAND & GRAVEL, INC.

No. M80-2 CA2.

492 F.Supp. 1195 (1980)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff, v. SUPERIOR SAND & GRAVEL, INC., Defendant.

United States District Court, W. D. Michigan, N. D.

May 27, 1980.

Attorney(s) appearing for the Case

James S. Brady, U. S. Atty., Grand Rapids, Mich., for plaintiff.

Norman McLean, McLean & McCarthy, Houghton, Mich., for defendant.

OPINION

DOUGLAS W. HILLMAN, District Judge.

Secretary of Labor, Ray Marshall, has brought suit against Superior Sand & Gravel, Inc., a sand and gravel mine located in the Upper Peninsula of the State of Michigan, because of defendant's refusal to permit access to the mine by a federal mine inspector. Defendant contends that the inspector in question is unqualified for purposes of the Federal Mine Safety & Health Act of 1977, 30 U.S.C. § 801...

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