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YELLOW FREIGHT SYSTEM, INC. v. REICH

No. 93-3488.

27 F.3d 1133 (1994)

YELLOW FREIGHT SYSTEM, INC., Petitioner, v. Robert B. REICH, Secretary of Labor; and Willie W. Smith, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1994.

Attorney(s) appearing for the Case

John B. Gamble, Jr. (briefed), Michael C. Towers, Roger K. Quillen (argued and briefed), Deborah C. Craytor, Fisher & Phillips, Atlanta, GA, for Yellow Freight System, Inc.

Ann Rosenthal, Bruce Justh, Jennifer U. Toth (argued and briefed), U.S. Dept. of Labor, Officer of the Solicitor, Washington, DC, Michael G. Connors, Office of U.S. Department of Labor, Regional Adm'r, Chicago, IL, for Robert Reich.

Phillip L. Harmon (briefed), Worthington, OH, for Willie W. Smith.

Before: KENNEDY, NELSON, Circuit Judges; and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

Yellow Freight petitions for review of a decision of the Secretary of Labor finding that Yellow Freight violated section 405 of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.App. § 2305 (1988), by discharging over-the-road driver Willie Smith for making unscheduled rest stops when fatigued. Section 405(a) makes it unlawful to discharge, discipline, or discriminate against an employee because he or she files a...

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