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PRESINZANO v. HOFFMAN-LA ROCHE, INC.

No. 83-5176.

726 F.2d 105 (1984)

Angelo M. PRESINZANO, Appellant, v. HOFFMAN-LA ROCHE, INC., a New Jersey Corporation, Office of Federal Contract Compliance Programs, Employment Standards Administration, United States Department of Labor, and Ellen Shong, Director of the Office of Federal Contract Compliance Programs, Employment Standards Administration, United States Department of Labor.

United States Court of Appeals, Third Circuit.

Decided February 2, 1984.

Attorney(s) appearing for the Case

Aron M. Schwartz (argued), Vogel & Chait, P.C., Morristown, N.J., for appellant.

W.H. Dumont, U.S. Atty., Lorraine S. Gerson, Asst. U.S. Atty., Newark, N.J., Francis X. Lilly, Deputy Sol. of Labor, James D. Henry, Associate Sol., Edward R. Mackiewicz, Counsel for Litigation, James M. Kraft, Asst. Counsel for Appellate Litigation, Roger W. Burke, Jr., Atty. (argued), U.S. Dept. of Labor, Washington, D.C., for appellees.

Before HUNTER and SLOVITER, Circuit Judges, and GREEN, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Angelo M. Presinzano, a laboratory technician at Hoffman-LaRoche, Inc. (LaRoche) since 1970, developed a chronic sensitivity to chemicals used in some of the company's operations as a result of a workplace accident in 1976. Unable to work in operations of the plant requiring exposure to chemical fumes and dusts, Presinzano was transferred to other...

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