BROWN & ROOT, INC. v. DONOVAN

No. 83-4486.

747 F.2d 1029 (1984)

BROWN & ROOT, INC., Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

December 10, 1984.


Attorney(s) appearing for the Case

Bishop, Liberman, Cook, Purcell & Reynolds, Richard K. Walker, Frederick J. Killion, Washington, D.C., for petitioner.

John Clewett, Washington, D.C., for amicus curiae, Gov. Accountability Project of the Institute for Policy Studies.

T. Timothy Ryan, Jr., Sol. of Labor, Francis X. Lilly, Donald S. Shire, Janet R. Dunlop, U.S. Dept. of Labor, J. Michael O'Neill, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondent.

Kenneth J. Mighell, R. Brent Cooper, Dallas, Tex., for amicus curiae Charles A. Atchison.

Before GARZA, JOLLY and DAVIS, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

The petitioner, Brown & Root, Inc., appeals the order of the Secretary of Labor (Secretary) affirming an administrative law judge's finding that it discriminated against an employee by discharging him for engaging in conduct protected by section 210(a) of the Energy Reorganization Act (ERA), 42 U.S.C. § 5851(a). Because we find the filing of such a report is not protected by the statute, the Secretary's order is vacated and...

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