PARKER, Circuit Judge:
The issue presented in this petition for review is whether the Secretary of Labor properly found that Castle Coal & Oil Company, Inc. discharged Ralph Clay in violation of § 405(a) and § 405(b) of the Surface Transportation Assistance Act, 49 U.S.C. app. § 2305 (1988). For the following reasons, we grant the petition and set aside the Secretary's Decision and Order of Remand of November 12, 1991 and Final Decision and Order...
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