MARSHALL v. COMMONWEALTH AQUARIUM

No. 79-1276.

611 F.2d 1 (1979)

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

United States Court of Appeals, First Circuit.

Decided December 13, 1979.


Attorney(s) appearing for the Case

Roy D. Toulan, Jr., Boston, Mass., with whom Brown, Rudnick, Freed & Gesmer, Boston, Mass., was on brief, for defendant, appellant.

Ann D. Nachbar, Atty., U. S. Dept. of Labor, Washington, D. C., with whom Albert H. Ross, Regional Sol., Boston, Mass., Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Acting Counsel for Litigation and Charles I. Hadden, Acting Asst. Counsel for Appellate Litigation, of Washington, D. C., were on brief, for plaintiff, appellee.

Before ALDRICH and CAMPBELL, Circuit Judges, and BONSAL, Senior District Judge.


LEVIN H. CAMPBELL, Circuit Judge.

Commonwealth Aquarium (Aquarium), a pet store, appeals a decision of the United States District Court for the District of Massachusetts finding it in violation of Section 11(c)(1) of the Occupational Safety and Health Act of 1970, (OSHA), 29 U.S.C. § 660(c)(1). That section provides:

"No person shall discharge or in any manner discriminate against any employee because such employee...

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