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COPART, INC. v. ADMINISTRATIVE REVIEW BD.

No. 06-9535.

495 F.3d 1197 (2007)

COPART, INC., Petitioner, v. ADMINISTRATIVE REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Respondent. Charles L. Dalton, Intervenor.

United States Court of Appeals, Tenth Circuit.

July 31, 2007.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Steven A. Broussard, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, for Petitioner.

Howard M. Radzely, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Michael P. Doyle, Counsel for Appellate Litigation, Ronald Gottlieb, Attorney, United States Department of Labor, Washington, D.C., for Respondent.

Robt. S. Coffey, Robt. S. Coffey, Inc., Tulsa, OK, for Intervenor.

Before BRISCOE, McKAY, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

The question presented in this case is whether an order of this court simply stating "Petitioner's Motion for Attorney Fees is denied" decided, either explicitly or by necessary implication, the issue of intervenor Charles Dalton's entitlement to fees for his attorney's work before this court from petitioner Copart, Inc., under 49 U.S.C. § 31105(b)(3)(B), a provision of the Surface Transportation Assistance Act of 1982 ("STAA"). Because...

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