warrant which authorizes the use of such devices.
II. THE SECRETARY'S PETITION FOR ADJUDICATION OF CIVIL CONTEMPT.
Having concluded that this warrant, with some modifications, is valid we turn to the Secretary's petition for adjudication of civil contempt. It is clear that the determination of civil contempt rests within the sound discretion of the court. See, Thompson v. Johnson, 410 F. Supp. 633 (E.D.Pa.1976), aff'd. 556 F.2d 568 (3d Cir. 1977); United States of America v. Reide, 494 F.2d 644 (2d Cir. 1974). In this case we do not believe that the extreme sanction of civil contempt is appropriate. The plaintiff in this case has acted in good faith in challenging the validity of this inspection warrant. As noted above several of these challenges have merit. We, therefore, would not find this plaintiff in contempt for failing to obey an inspection warrant which was invalid in several particulars. Of course, if the plaintiff continues to refuse to permit an inspection under this warrant as modified it may become subject to penalties for civil contempt.
An appropriate order will issue.
AND NOW, this 25th day of May, 1982, in accordance with the accompanying Opinion, IT IS ORDERED that the plaintiff's motion to quash is DENIED with the following exceptions:
(1) The Secretary may not, pursuant to this warrant, examine private employee medical records other than those which Erie Bottling Corporation is required by law to maintain.
(2) The Secretary may not, pursuant to this warrant, conduct private interviews of employees while these employees are on the production line.
The Secretary's Petition for Adjudication of Civil Contempt is DENIED.