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CONSOLIDATED EDISON CO. OF N. Y., INC. v. DONOVAN

No. 669, Docket 81-4215.

673 F.2d 61 (1982)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Respondent, and Michael Cotter, Intervenor.

United States Court of Appeals, Second Circuit.

Decided March 8, 1982.

Attorney(s) appearing for the Case

Francis B. Conrad, New York City (David J. Reilly and Kenneth R. Shaw, New York City, of counsel), for petitioner.

Nancy E. Friedman, Asst. U. S. Atty., New York City (John S. Martin, Jr., U. S. Atty., Michael H. Dolinger, Asst. U. S. Atty., New York City, of counsel), for respondent.

Arthur Z. Schwartz, Hall, Clifton & Schwartz, New York City, for intervenor.

Before TIMBERS and KEARSE, Circuit Judges, and METZNER, District Judge.

METZNER, District Judge:

Consolidated Edison Company of New York, Inc. (Con Edison) petitions this court to set aside an order by the Secretary of Labor directing the reinstatement of employee Michael Cotter. The Secretary, adopting the recommended decision and order of the Administrative Law Judge (ALJ), determined that Con Edison violated the employee protection provision of the Energy Reorganization Act, 42 U.S.C. § 5851,1 by discharging...

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