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BSP TRANS, INC. v. U.S. DEPT. OF LABOR

No. 97-2282.

160 F.3d 38 (1998)

BSP TRANS, INC., Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, Robert Michaud, Intervenor.

United States Court of Appeals, First Circuit.

Decided November 3, 1998.

Attorney(s) appearing for the Case

Lawrence C. Winger with whom Kraft & Winger was on brief for petitioner, BSP Trans, Inc.

Barbara A.W. McConnell, Attorney, United States Department of Labor, Office of the Solicitor, with whom Marvin Krislov, Deputy Solicitor for National Operations, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, and Barbara Werthmann, Counsel for Appellate Litigation, were on brief for the United States Department of Labor.

Louis B. Butterfield with whom Olafsen & Butterfield was on brief for intervenor, Robert Michaud.

Before LYNCH, Circuit Judge, CAMPBELL and BOWNES, Senior Circuit Judges.

LEVIN H. CAMPBELL, Senior Circuit Judge.

This is a petition to review an order of the United States Department of Labor Administrative Review Board (the "Board"). See 49 U.S.C. § 31105(c). The Board has ruled that BSP Trans, Inc. ("BSP") violated the Surface Transportation Assistance Act of 1982 ("STAA") by terminating one of its employees, Robert Michaud, in retaliation for his having complained to his BSP supervisors about BSP's failure to comply with...

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