FRANK IREY, JR., INC.

v.

HODGSON, SECRETARY OF LABOR, ET AL.

Citator

Cited By

• In re Establishment Inspection of Blocksom & Co. v. Marshall, 582 F.2d 1122 (7th Cir. 1978)
  …ourt has twice affirmed decisions of three-judge district courts dismissing actions such as this one, where statutory and/or factual defenses were raised before the Commission. Frank Irey, Jr., Inc. v. Hodgson, 354 F.Supp. 20 (N.D.W.Va.1972), aff’d, 409 U.S. 1070, 93 S.Ct. 682, 34 L.Ed.2d 659; Lance Roofing Company, Inc. v. Hodgson, 343 F.Supp. 685 (N.D.Ga.1972); aff’d, 409 U.S. 1070, 93 S.Ct. 679, 34 L.Ed.2d 659. See also Keystone Roofing Company, Inc. v. Occupational Safety and Health Review Commission, 53…

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• Lake Butler Apparel Co. v. Secretary OF Labor, 519 F.2d 84 (5th Cir. 1975)
  …Although no Court has yet so held, Lake Butler argues that such a possible penalty operates to “chill” the exercise of the employer’s right to seek review proceedings. Lance Roofing Company v. Hodgson, N.D.Ga., 1972, 343 F.Supp. 685, 689-90, aff’d, 409 U.S. 1070, 93 S.Ct. 679, 34 L.Ed.2d 659. However, in order to challenge these specific provisions, Lake Butler must present this Court with a realistic case or controversy. U.S. Const, art. III § 2. We do not judge the hypothetical. DeFunis v. Odegaard, 1974…