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CAROLINA POWER AND LIGHT CO. v. U.S. DEPT. OF LABOR

No. 94-1459.

43 F.3d 912 (1995)

CAROLINA POWER AND LIGHT COMPANY, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, James DeBose, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided January 10, 1995.

Attorney(s) appearing for the Case

ARGUED: Richard Kenneth Walker, Streich Lang, P.A., Phoenix, AZ, for petitioner. Edward Dean Sieger, Senior Appellate Atty., U.S. Dept. of Labor, Washington, DC, for respondent. Stephen Martin Kohn, Kohn, Kohn & Colapinto, P.C., Washington, DC, for intervenor. ON BRIEF: Thomas D. Arn, Elliot S. Isaac, Streich Lang, P.A., Phoenix, AZ; Rosemary G. Kenyon, Carolina Power & Light Co., Raleigh, NC, for petitioner. Thomas S. Williamson, Jr., Sol. of Labor, Allen H. Feldman, Associate Sol. for Special Appellate and Supreme Court Litigation, Steven J. Mandel, Deputy Associate Sol., U.S. Dept. of Labor, Washington, DC, for respondent.

Before ERVIN, Chief Judge, WILLIAMS, Circuit Judge, and CHASANOW, United States District Judge for the District of Maryland, sitting by designation.

Dismissed for lack of jurisdiction by published opinion. Judge WILLIAMS wrote the opinion, in which Chief Judge ERVIN and Judge CHASANOW joined.

OPINION

WILLIAMS, Circuit Judge:

This is an appeal from an order of the Secretary of Labor remanding to the Administrative Law Judge for further negotiation a settlement agreement entered into under § 211 of the Energy Reorganization Act (ERA), 42 U.S.C.A. § 5851 (West 1983 & Supp.1994).

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