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YELLOW FREIGHT SYSTEM, INC. v. MARTIN

No. 294, Docket 92-4074.

983 F.2d 1195 (1993)

YELLOW FREIGHT SYSTEM, INC., Petitioner, v. Lynn MARTIN, Secretary of the U.S. Department of Labor, Respondent, Robert Spinner, Intervenor.

United States Court of Appeals, Second Circuit.

Decided January 25, 1993.

Attorney(s) appearing for the Case

Anthony J. McMahon, Washington, DC (Galland, Kharasch, Morse & Garfinkle, P.C.; Jeffrey I. Pasek, Cohen, Shapiro, Polisher, Shiekman and Cohen, Philadelphia, PA, of counsel), for petitioner.

Edward D. Sieger, Washington, DC (Marshall J. Breger, Allen H. Feldman, Steven J. Mandel, Deborah Greenfield, U.S. Dept. of Labor, of counsel), for respondent.

Ronald G. Dunn, Albany, NY (Gleason, Dunn, Walsh & O'Shea, of counsel), for intervenor.

John C. Russell, Pasadena, CA (Russell, Hancock & Jeffries, of counsel), for amicus curiae California Trucking Ass'n.

Before PRATT, ALTIMARI, Circuit Judges, and GERALD W. HEANEY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

HEANEY, Senior Circuit Judge:

After administrative proceedings authorized under section 405 of the Surface Transportation Assistance Act of 1982 ("STAA"), 49 U.S.C.App. § 2305 (1988), the Secretary of Labor ordered Yellow Freight System, Inc. ("Yellow") to reinstate a discharged employee and pay compensatory damages and back pay. Yellow appeals from that order. We affirm.

I

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