Ct. of Appeals lacked jurisdiction on lack of finality grounds to consider propriety of Dist. Ct.’s order denying company’s motion to quash administrative warrant issued by Dist. Ct. at request of Occupational Safety and Health Administration (OSHA) seeking to inspect company’s premises after employee of company made telephonic complaint about forklift accident. Record showed that Dist. Ct.’s denial of motion to quash was not final under 28 USC section 1291, where there remained pending in Dist. Ct. OSHA’s motion for contempt against company regarding company’s failure to comply with warrant, as well as OSHA’s motion to toll limitations period. Ct. rejected company’s claim that exception to finality rule applied, where Ct. observed that company had opportunity to raise propriety regarding issuance of warrant in pending contempt proceeding.
Federal 7th Circuit Court
Civil Court
Appellate Jurisdiction