VARNADORE v. SECRETARY OF LABOR

Nos. 96-3888, 96-4389.

141 F.3d 625 (1998)

C.D. VARNADORE, Petitioner, v. SECRETARY OF LABOR, Respondent, Lockheed Martin Energy Systems, Inc., et al., Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided April 6, 1998.

Rehearing and Suggestion for Rehearing Denied June 19, 1998.


Attorney(s) appearing for the Case

Edward A. Slavin, Jr. (argued and briefed), Deerfield Beach, FL, for Petitioner.

Allen H. Feldman, Judith D. Heimlich, Nathaniel I. Spiller, U.S. Dept. of Labor, Office of the Solicitor, Washington, DC, Marleigh D. Dover, Christine N. Kohl (argued and briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Respondent in No. 96-4389.

Allen H. Feldman, Judith D. Heimlich, Nathaniel I. Spiller, U.S. Dept. of Labor, Office of the Solicitor, Washington, DC, Marleigh D. Dover (briefed), Christine N. Kohl (argued and briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Respondent in No. 96-3888.

E.H. Rayson (argued and briefed), John B. Rayson (briefed), John C. Burgin, Jr., Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, TN, G. Wilson Horde, Jr. (briefed), Patricia McNutt (briefed), Oak Ridge, TN, for Intervenor in No. 96-4389.

E.H. Rayson (argued and briefed), John B. Rayson (briefed), John C. Burgin, Jr. (briefed), Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, TN, G. Wilson Horde, Jr. (briefed), Patricia McNutt (briefed), Lockheed Martin Energy Systems, Inc., Oak Ridge, TN, for Intervenor in No 96-3888.

Before: RYAN and SILER, Circuit Judges; HOOD, District Judge.


Rehearing and Suggestion for Rehearing En Banc Denied June 19, 1998.

OPINION

RYAN, Circuit Judge.

Following what C.D. "Bud" Varnadore considered to be various acts of retaliation for protected activity during the course of his employment at Oak Ridge National Laboratory, he filed three complaints with the Secretary of Labor under the whistleblower provisions of seven environmental statutes: the Clean Air Act, 42 U.S.C. § 7622(b); the Toxic Substances...

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