DONOVAN v. HAHNER, FOREMAN & HARNESS, INC.

No. 83-1349.

736 F.2d 1421 (1984)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Appellee, v. HAHNER, FOREMAN & HARNESS, INC., Appellant.

United States Court of Appeals, Tenth Circuit.

June 15, 1984.


Attorney(s) appearing for the Case

Laura V. Fargas, Atty., U.S. Dept. of Labor, Washington, D.C. (Francis X. Lilly, Deputy Sol. of Labor, Frank A. White, Associate Sol., Washington, D.C., for Occupational Safety and Health, and Dennis K. Kade, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., with her on the brief), for appellee.

Arthur S. Chalmers, Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan. (Alan L. Rupe, Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan., with him on the brief), for appellant.

Before SETH, Chief Judge, and DOYLE and SEYMOUR, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

A. Legal Origin

This action arises out of § 11(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.). Originally, Wayne Kidd, a former employee of defendant-appellant Hahner, Foreman and Harness filed a complaint with the Secretary of Labor alleging that Hahner had discriminated against him by discharging him for exercising his rights...

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