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ROADWAY EXP., INC. v. BROCK

No. 86-8771.

830 F.2d 179 (1987)

ROADWAY EXPRESS, INC., Petitioner-Appellant, v. William E. BROCK, Secretary of Labor, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 20, 1987.

Attorney(s) appearing for the Case

Michael C. Towers, Fisher & Phillips, John B. Gamble, Jr., Atlanta, Ga., for plaintiff-appellant.

Joseph M. Woodward, U.S. Dept. of Labor, Office of the Sol., Barbara A.W. McConnell, Sandra Lord, Washington, D.C., for respondent-appellee.

L.N.D. Wells, Jr., Mullinax, Wells, Baab & Cloutman, Dallas, Tex., for amicus curiae.

Before RONEY, Chief Judge, ANDERSON and EDMONDSON, Circuit Judges.

EDMONDSON, Circuit Judge:

This retaliatory discharge case involves 49 U.S.C.A. sec. 2305 — the so-called "whistleblower protection" provision of the Surface Transportation Assistance Act (STAA). The controversy arose when petitioner Roadway Express, Inc. (Roadway) fired Jerry W. Hufstetler, a line-haul and road driver for Roadway; according to Roadway Hufstetler was discharged because he had acted dishonestly. Although respondent, Secretary of Labor William...

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