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USERY v. BABCOCK & WILCOX CO.

Civ. A. No. 4-72290.

424 F.Supp. 753 (1976)

W. J. USERY, Jr., Secretary of Labor, United States Department of Labor, Plaintiff, v. The BABCOCK AND WILCOX COMPANY, Defendant.

United States District Court, E. D. Michigan, S. D.

November 24, 1976.

Attorney(s) appearing for the Case

Karl Overman, U. S. Dept. of Labor, Detroit, Mich., for plaintiff.

James E. Brenner, Detroit, Mich., for defendant.

MEMORANDUM OPINION AND ORDER

PHILIP PRATT, District Judge.

This suit was initiated by the Secretary of Labor against Babcock and Wilcox Company, alleging, inter alia, that the defendant discharged one of its employees, Sammie Dedman, in violation of the anti-discrimination provision, § 11(c), of the Occupational Safety and Health Act of 1970 (29 U.S.C. §§ 651-678), (hereinafter OSHA), which provides:

"No person shall discharge...

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