TRANS FLEET ENTERPRISES, INC. v. BOONE

Nos. 91-2659, 91-2668.

987 F.2d 1000 (1992)

TRANS FLEET ENTERPRISES, INCORPORATED, Petitioner, v. James T. BOONE; United States Department of Labor, Respondents. James T. BOONE, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR; Trans Fleet Enterprises, Incorporated, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided November 30, 1992.

Amended by Orders Filed January 6, and January 8, 1993.


Attorney(s) appearing for the Case

Gregory Lewis Hammond, Hammond & Cunningham Co., L.P.A., Akron, OH, argued (Robert A. Cunningham, on brief), for petitioner.

Terri Parker DeLeon, U.S. Dept. of Labor, Washington, DC, for respondent Department; Lee L. Corum, Durham, NC, for respondent Boone, argued (Marshall J. Breger, Sol. of Labor, Cynthia L. Attwood, Associate Sol. for Occupational Safety and Health, Bruce Justh, Asst. Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, DC, for Respondent Department; Nick Galifianakis, Upchurch & Galifianakis, Durham, N Carolina, for respondent Boone, on brief), for respondents.

Before HALL, Circuit Judge, KISER, District Judge for the Western District of Virginia, sitting by designation, and BLATT, Senior District Judge for the District of South Carolina, sitting by designation.


OPINION

K.K. HALL, Circuit Judge.

Trans Fleet Enterprises, Inc. ("TFE") appeals the Secretary of Labor's ruling that TFE violated the Surface Transportation Assistance Act of 1982, 49 U.S.C.App. §§ 2301-2305 (1988) ("the Act") and that awarded back pay to and reinstatement of James T. Boone, Jr., a former TFE employee. Because the Secretary adopted only one of the two alternative grounds upon which the ALJ based his decision, Boone also appeals...

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