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CHAO v. XANADU BOUTIQUE, INC.

No. CV 04-2407.

380 F.Supp.2d 134 (2005)

Elaine L. CHAO, Secretary of Labor, United States Department of Labor, Plaintiff, v. XANADU BOUTIQUE, INC., et al., Defendants.

United States District Court, E.D. New York.

July 11, 2005.

Attorney(s) appearing for the Case

Howard M. Radzely, Solicitor of Labor, Patricia M. Rodenhausen, Regional Solicitor by Harold W. Lemar, New York City, for Plaintiff.

Law Offices of Edward F. Siegel by Edward F. Siegel, Cleveland, Ohio, for Defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiff Elaine L. Chao, Secretary of the United States Department of Labor, brings this action against defendants Xanadu Boutique, Inc., VGR Systems Corporation, Cupid's Video Boutique of Long Island, Inc., and Freddrick F. Aponte under § 11(c) of the Occupational Safety and Health Act of 1970 ("OSHA"), 29 U.S.C. § 651 et seq. Defendants move to dismiss pursuant to Fed.R.Civ.P. 12(b)...

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