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CHICAGO ZOOLOGICAL SOC. v. DONOVAN

No. 79 C 4770.

558 F.Supp. 1147 (1983)

CHICAGO ZOOLOGICAL SOCIETY, a corporation, Plaintiff, v. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor; Thorne G. Auchter, Assistant Secretary of Labor; Occupational Safety and Health Administration of the United States Department of Labor, its Compliance Safety and Health Officer James S. Kontos, its Area Director William E. Funcheon, Jr.; and the Occupational Safety and Health Review Commission, Defendants.

United States District Court, N.D. Illinois, E.D.

February 28, 1983.

Attorney(s) appearing for the Case

Anne B. Shindell, Krukowski & Associates, Milwaukee, Wis., Frederick J. Fassnacht, Hendricks & Associates, Ltd., Oak Brook, Ill., for plaintiff.

Dan K. Webb, U.S. Atty., T. Timothy Ryan, Jr., Sol. of Labor, U.S. Dept. of Labor, Chicago, Ill., for defendants.

MEMORANDUM OPINION

FLAUM, District Judge:

This matter comes before the court on cross motions for summary judgment. For the reasons set forth below, the motion of defendants Raymond J. Donovan, Secretary of Labor; Thorne G. Auchter, Assistant Secretary of Labor; the Occupational Safety and Health Administration ("OSHA"); James S. Kontos; and William E. Funcheon, (collectively, "defendants") is granted on plaintiff's second and third causes of action. In...

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