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ELLIS FISCHEL STATE CANCER HOSPITAL v. MARSHALL

No. 79-1771.

629 F.2d 563 (1980)

ELLIS FISCHEL STATE CANCER HOSPITAL, Petitioner, v. Ray MARSHALL, Secretary, United States Department of Labor, Respondent, Clifford W. Richter, Intervenor/Respondent.

United States Court of Appeals, Eighth Circuit.

Decided September 11, 1980.

Attorney(s) appearing for the Case

Larry R. Marshall, Asst. Atty. Gen., Jefferson City, Mo. (argued), and John Ashcroft, Atty. Gen., Jefferson City, Mo., on brief, for petitioner.

Carl F. Sapp, Sapp, Woods & Orr, Columbia, Mo., for respondent-intervenor, Richter.

Marc P. Richman, Atty., Civ. Div. Dept. of Justice, Washington, D.C. (argued), Alice Daniel, Asst. Atty. Gen., and Anthony J. Steinmeyer, Atty., Dept. of Justice, Washington, D.C., on brief, for respondent.

Before HENLEY and McMILLIAN, Circuit Judges, and HARPER, Senior District Judge.

McMILLIAN, Circuit Judge.

Ellis Fischel State Cancer Hospital (the petitioner), and agency of the State of Missouri, petitions this court for review of an order by the Secretary of the United States Department of Labor (the Secretary), providing reinstatement, back pay, attorney's fees and other relief to Dr. Clifford Richter. The Secretary found that Dr. Richter, a medical physicist, was terminated by petitioner in retaliation for reporting violations by petitioner...

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