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MARTIN v. YELLOW FREIGHT SYSTEM, INC.

No. 586, Docket 92-6168.

983 F.2d 1201 (1993)

Lynn MARTIN, Secretary of U.S. Department of Labor, Robert C. Spinner, Plaintiffs-Appellees, v. YELLOW FREIGHT SYSTEM, INC., Defendant-Appellant.

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 defendant-appellant.

Edward D. Sieger, Washington, DC (Marshall J. Breger, Allen H. Feldman, Steven J. Mandel, U.S. Dept. of Labor, of counsel), Ronald G. Dunn, Albany, NY (Karen L. Kimball, Gleason, Dunn, Walsh & O'Shea, of counsel), for plaintiffs-appellees.

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

HEANEY, Senior Circuit Judge:

Yellow Freight System, Inc. ("Yellow") discharged employee truck driver Robert Spinner on 3 October 1989. Spinner filed a complaint with the Department of Labor alleging his discharge violated sections 405(a) and (b) of the Surface Transportation Assistance Act of 1982 ("STAA"), 49 U.S.C.App. § 2305(a), (b) (1988). After administrative proceedings authorized by the STAA, an administrative law judge ("ALJ") found violations of sections...

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