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ADAMS v. DOLE

No. 90-1747.

927 F.2d 771 (1991)

Joy P. ADAMS; Roger D. Wensil, Petitioners, v. Elizabeth H. DOLE, Secretary of Labor, Respondent, United States Department of Energy, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1991.

As Amended March 11, 1991.

Attorney(s) appearing for the Case

Stephen Martin Kohn, argued (Michael D. Kohn, Kohn, Kohn & Colapinto, P.C., on brief), Washington, D.C., for petitioners.

William James Stone, argued, Counsel for Appellate Litigation (Robert P. Davis, Sol., Monica Gallagher, Associate Sol., Anne Payne Fugett, U.S. Dept. of Labor, Washington, D.C.; Stuart M. Gerson, Asst. Atty. Gen., Robert E. Kopp, Director, Appellate Staff, Robert S. Greenspan, John P. Schnitker, Civil Div., U.S. Dept. of Justice, Washington, D.C., on brief), for respondent.

Before RUSSELL and NIEMEYER, Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

NIEMEYER, Circuit Judge:

Roger D. Wensil and Joy P. Adams, who claim to have been discharged from their employment at the Savannah River Plant, an atomic energy facility in Barnwell, South Carolina, because of "whistle-blowing," filed complaints with the Department of Labor for retaliatory discharge under § 210 (the whistle-blower provision) of the Energy Reorganization Act (ERA), 42 U.S.C. § 5851 (1982). Because the plant is owned by the Department of Energy...

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