TRIMMER v. U.S. DEPT. OF LABOR

No. 97-9544.

174 F.3d 1098 (1999)

Lenard E. TRIMMER, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, University of California, Intervenor.

United States Court of Appeals, Tenth Circuit.

April 6, 1999.


Attorney(s) appearing for the Case

Stephen M. Kohn, of Kohn, Kohn and Colapinto, P.C., Washington, D.C., for Petitioner, Lenard E. Trimmer.

Lois R. Zuckerman, Attorney, U.S. Department of Labor, Washington, D.C., (Marvin Krislov, Deputy Solicitor for National Operations, Steven J. Mandel, Associate Solicitor, and Paul L. Frieden, Assistant Counsel for Appellate Litigation, U.S. Department of Labor, Washington, D.C. with her on the brief) for Respondent, U.S. Department of Labor.

Daniel H. Friedman, of Simons, Cuddy & Friedman, LLP, Santa Fe, New Mexico (Tanya M. Trujillo, of Simons, Cuddy & Friedman, LLP, with him on the briefs) for Intervenor, University of California.

Before ANDERSON, HENRY, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

Lenard E. Trimmer brought an administrative action under 42 U.S.C. § 5851, the whistleblower provision of the Energy Reorganization Act, against his employer, the Los Alamos National Laboratory (the "Lab"), which is owned by the Department of Energy but run by the University of California. Trimmer claimed that the Lab wrongfully delayed an alternate employment-placement process because he had engaged in statutorily protected activity. The...

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