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MACKTAL v. U.S. DEPT. OF LABOR

No. 98-60123.

171 F.3d 323 (1999)

Joseph J. MACKTAL, Jr., Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fifth Circuit.

April 13, 1999.

Attorney(s) appearing for the Case

Stephen Martin Kohn, Michael David Kohn, Kohn, Kohn & Colapinto, Washington, DC, for Petitioner.

Mary J. Rieser, Marvin Krislov, U.S. Department of Labor, Washington, DC, for Respondent.

Richard K. Walker, Thomas Derek Arn, Streich & Lang, Phoenix, AZ, for Brown and Root, Inc.

Before GARWOOD, DAVIS and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Petitioner Joseph J. Macktal requests review of a final order of the Secretary of Labor, pursuant to Section 210(c)(1) of the Energy Reorganization Act ("ERA"). 42 U.S.C. § 5851(c)(1) (1978). More particularly, he seeks reversal of a Final Decision and Order of the Administrative Review Board ("ARB"), dismissing his claim against Intervenor-Respondent Brown & Root, Inc. ("Brown & Root") under the whistle blower protection...

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