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ROADWAY EXP., INC. v. DOLE

No. 89-4837.

929 F.2d 1060 (1991)

ROADWAY EXPRESS, INC., Petitioner, v. Elizabeth DOLE, Secretary, U.S. Department of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

April 29, 1991.

Attorney(s) appearing for the Case

John F. McCarthy, Jr., M. Scott McDonald, Johnson, Bromberg & Leeds, Dallas, Tex., for petitioner.

Mary E. Gleaves, Ann Rosenthal, Robert P. Davis, Sol., U.S. Dept. of Labor, Washington, D.C., for respondent.

Paul Alan Levy, Public Citizen Litigation Group, Alan B. Morrison, Washington, D.C., for intervenor.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Four tractor-trailer drivers, Archie Long, Gail Clark, Thomas Palmer, and Roger Schlapp, filed "whistle-blower" complaints with the Secretary of Labor, alleging that their employer, Roadway Express, Inc. ("Roadway"), discriminatorily withheld delay-time compensation in violation of § 405(b) of the Surface Transportation Assistance Act of 1982 ("STAA"), 49 U.S.C. App. § 2305 (1982). The discrimination allegedly stemmed from...

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