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DYSERT v. U.S. SECRETARY OF LABOR

No. 95-3298.

105 F.3d 607 (1997)

Terry DYSERT, Petitioner, v. UNITED STATES SECRETARY OF LABOR, Florida Power Corporation, Respondents.

United States Court of Appeals, Eleventh Circuit.

February 11, 1997.

Attorney(s) appearing for the Case

Stephen M. Kohn, Kohn, Kohn, & Colapinto, P.C., Washington, DC, for petitioner.

Robert Reich, Secretary of Labor, William J. Stone, Office of the Solicitor, Ellen R. Edmond, U.S. Dept. of Labor, Washington, DC, J. Lewis Sapp, William D. Deveney, Stephanie E. Meyerson, Ellerbee, Thompson & Trapnell, Atlanta, GA, Rodney E. Gaddy, Florida Power Corp., St. Petersburg, FL, for respondents.

Before ANDERSON, CARNES, Circuit Judges, and STROM, Senior District Judge.

STROM, Senior District Judge:

This appeal centers on the proper application of the statutory burdens of proof set forth in the whistleblower protection provisions of the Energy Reorganization Act (ERA), 42 U.S.C. § 5851(b)(3). For the reasons set forth in this opinion, the court affirms the Secretary of Labor's decision to dismiss the plaintiff's complaint.

FACTS

In January of 1992, Terry Dysert began working at Florida Power Corporation (FPC...

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