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BLACKBURN v. MARTIN

No. 91-2385.

982 F.2d 125 (1992)

Paul A. BLACKBURN, Petitioner, v. Lynn MARTIN, etc., et al., Respondents.

United States Court of Appeals, Fourth Circuit.

Decided October 15, 1992.

Amended by Order Filed December 11, 1992.

Attorney(s) appearing for the Case

William Reynolds Williams, Willcox, McLeod, Buyck, Baker & Williams, P.A., Florence, SC, argued for petitioner.

Anne Payne Fugett, U.S. Dept. of Labor, Washington, DC, argued (Marshall J. Breger, Sol., Monica Gallagher, Associate Sol., and William J. Stone, Counsel for Appellate Litigation, U.S. Dept. of Labor, on brief), for respondents.

Before WILLIAMS, Circuit Judge, BUTZNER, Senior Circuit Judge, and GARBIS, United States District Judge for the District of Maryland, sitting by designation.

OPINION

WILLIAMS, Circuit Judge:

Paul A. Blackburn seeks review under the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851(c) (1988), of a final decision of the Secretary of Labor (the Secretary) relating to his wrongful termination from employment with Metric Constructors, Inc. (Metric). Specifically, Blackburn contends that there is not substantial evidence to support (1) the Secretary's determination of when Metric's back pay liability ended...

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