ACE DORAN HAULING & RIGGING CO. ET AL.

v.

INTERSTATE COMMERCE COMMISSION

Citator

Cited By

• Edelman v. Jordan, 415 U.S. 651 (U.S. 1974)
  …d payment of benefits wrongfully withheld;7 and while we did not specifically refer to the point, the lower court had expressly rejected the Eleventh Amendment argument.8 In Gaither v. Sterrett, 346 F. Supp. 1095, 1099, whose judgment we affirmed,9 409 U. S. 1070, the court said: “[T]his court would note that if defendants’ position regarding the jurisdictional bar of the Eleventh Amendment is correct, a great number of federal district court judgments are void, and the Supreme Court has affirmed many of th…
• Diamond Roofing Co., Inc. v. Occupational Safety & Health Review Comm'n & W. J. Usery, 528 F.2d 645 (5th Cir. 1976)
  …of roofs violates due process, and (iii) the Occupational Safety and Health Act of 1970 (OSHA) and its enforcement procedures are unconstitutional on their face and as applied. Cf. Lance Roofing Co. v. Hodgson, N.D.Ga., 1972, 343 F.Supp. 685, aff'd 409 U.S. 1070, 93 S.Ct. 679, 34 L.Ed.2d 659 (earlier constitutional attack dismissed for failure to exhaust administrative remedies). Most of the constitutional attack in (iii) has been foreclosed by Dan J. Sheehan Co. v. Occupational Safety and Health Review Com…
• Frank Irey, JR., Inc. v. Occupational Safety & Health Review Comm'n, 519 F.2d 1200 (3d Cir. 1974)
  …ssity for an administrative agency on occasion to submit its determination to the scrutiny of a jury of citizens would be a healthful and disciplining experience. The statutory court in Lance Roofing Co. v. Hodgson, 343 F.Supp. 685 (N.D.Ga.), aff’d 409 U.S. 1070, 93 S.Ct. 679, 34 L. Ed.2d 659 (1972), also expressed concern about judicial review, particularly as to penalties which may be assessed for failure to abate alleged continuing violations. . Rut see Hay, OSHA Penalties: Some Constitutional Considera…