No. 1036, Docket 91-6042.

936 F.2d 108 (1991)

Lynn MARTIN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. H.M.S. DIRECT MAIL SERVICE, INC.; Harb Publications, Ltd.; H.M.S. Print Mail Ltd.; Henry Stepien, individually and as President, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 19, 1991.

Attorney(s) appearing for the Case

Bruce Justh, Washington, D.C., U.S. Dept. of Labor, for plaintiff-appellant.

Borins, Setel, Snitzer & Brownstein, Buffalo, N.Y., for defendants-appellees.

Before OAKES, Chief Judge, and PRATT and ALTIMARI, Circuit Judges.


On May 15, 1985, James Malek, an employee of H.M.S. Direct Mail Service ("Direct Mail"), refused to operate a paper cutting machine that he believed to be unsafe. Later that day, Henry Stepien, the President and sole shareholder of Direct Mail, fired Malek.

After investigating the circumstances surrounding Malek's discharge, the Secretary of Labor (the "Secretary") sued Direct Mail, its successor corporations...

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