LEWIS GROCER CO. v. HOLLOWAY

No. 88-4173.

874 F.2d 1008 (1989)

The LEWIS GROCER COMPANY, Petitioner, v. Levi HOLLOWAY, Robert Murray, and U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

June 8, 1989.


Attorney(s) appearing for the Case

Charles A. Adams, Jr., Bart N. Sisk, and Henry T. Arrington, New Orleans, La., for petitioner.

Barbara McConnell, Ann Rosenthal, and Elizabeth L. Dole, Dept. of Labor, Washington, D.C., for respondents.

Before THORNBERRY, GEE, and POLITZ, Circuit Judges.


POLITZ, Circuit Judge:

Lewis Grocer Company petitions for review of the Secretary of Labor's ruling that it discharged an employee in violation of section 405(b) of the Surface Transportation Assistance Act of 1982, 49 U.S.C.App. § 2305(b). Concluding that the Secretary's finding of unlawful discharge is supported by substantial evidence, but that her remedial order is in error, we grant the petition for review in part, affirming the Secretary's decision in all...

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