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DONOVAN v. R.D. ANDERSEN CONST. CO., INC.

No. 82-4050.

552 F.Supp. 249 (1982)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff, v. R.D. ANDERSEN CONSTRUCTION COMPANY, INC., Defendant.

United States District Court, D. Kansas.

October 1, 1982.

Attorney(s) appearing for the Case

T. Timothy Ryan, Jr., Sol. of Labor, Tedrick A. Housh, Jr., Regional Sol., Keithley F.T. Lake, Atty., U.S. Dept. of Labor, Stephen G. Reynolds, U.S. Dept. of Labor, Kansas City, Mo., for plaintiff.

Stewart L. Entz, Colmery, McClure, Funk, Letourneau & Entz, Topeka, Kan., for defendant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is an action brought by the Secretary of Labor against the defendant, R.D. Andersen Construction Company, Inc., pursuant to Section 11(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 660(c). This matter is presently before the court upon defendant's motion to dismiss. The court has heard oral argument and is now prepared to rule.

The facts in this case as alleged by the plaintiff...

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