Jurisdiction – OSHA

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7^th Circuit Court of Appeals

Case Name: In Re: Establishment Inspection Of: Anthony Marano Company

Case No.: 21-2661

Officials: RIPPLE, SCUDDER, and KIRSCH, Circuit Judges.

Focus: Jurisdiction – OSHA

An inspector for Occupational Safety and Health Administration (“OSHA”) attempted to conduct an inspection of Anthony Marano Company, a fruit and vegetable wholesaler in Chicago. AMC’s management considered the timing of this inspection to be suspicious because the company was scheduled to go to trial on another OSHA matter four days later. AMC’s management denied the inspector entry into its establishment and brought this appeal following its unsuccessful motion to quash an administrative warrant issued by the district court at the request of OSHA. Because the court ruled that the district court’s order denying the motion to quash is not a final order for purposes of 28 U.S.C. § 1291, the appeal is dismissed for lack of jurisdiction.

Affirmed

Decided 10/18/22

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