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BALL v. MEMPHIS BAR-B-Q CO., INC.

No. 99-1261.

228 F.3d 360 (2000)

Peter BALL, Plaintiff-Appellant, v. MEMPHIS BAR-B-Q COMPANY, INCORPORATED, Defendant-Appellee. Secretary of Labor, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: September 14, 2000.

Attorney(s) appearing for the Case

ARGUED: Nils George Peterson, Jr., Law Offices of Nils G. Peterson, Arlington, Virginia, for Appellant. Edward Dean Sieger, Senior Appellate Attorney, United States Department of Labor, Washington, D.C., for Amicus Curiae. Douglas Michael Nabhan, Williams, Mullen, Clark & Dobbins, Richmond, Virginia, for Appellee. ON BRIEF: Henry L. Solano, Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, Nathaniel I. Spiller, Deputy Associate Solicitor, United States Department of Labor, Washington, D.C., for Amicus Curiae.

Before WILKINSON, Chief Judge, and NIEMEYER and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Chief Judge WILKINSON joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

Peter Ball, an employee of Memphis Bar-B-Q Company, Inc., was discharged from his employment after he told the company's president that, if he were deposed in a yet-to-be-filed lawsuit under the Fair Labor Standards Act that was threatened against the company, he...

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