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MARSHALL v. COMMONWEALTH AQUARIUM

Civ. A. No. 77-338-C.

469 F.Supp. 690 (1979)

Ray MARSHALL, Secretary of Labor, Plaintiff, v. COMMONWEALTH AQUARIUM, Defendant.

United States District Court, D. Massachusetts.

May 10, 1979.

Attorney(s) appearing for the Case

Albert H. Ross, Regional Solicitor, John S. Casler, Atty., U. S. Dept. of Labor, Boston, Mass., for plaintiff.

Roy D. Toulan, Jr., Gerald Pu Tishler, Brown, Rudnick, Freed & Gesmer, Boston, Mass., for defendant.

OPINION

CAFFREY, Chief Judge.

This case arises from the discharge on May 15, 1976 of Jeffrey Boxer from his position as manager of Commonwealth Aquarium, a pet store located in Brookline, Massachusetts. On May 26, 1976 Boxer filed a complaint with the Secretary of Labor alleging that he was terminated by the defendant in retaliation for the exercise of his rights under the Occupational Safety and Health Act, 29 U.S.C.A. § 651 et seq. (OSHA)....

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