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WOOD v. DEPARTMENT OF LABOR

No. 00-5297.

275 F.3d 107 (2001)

Roger WOOD, Appellant, v. DEPARTMENT OF LABOR and Elaine Chao, Secretary of Labor, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 2001.

Attorney(s) appearing for the Case

Joanne Royce argued the cause for the appellant. James R. Klimaski was on brief.

Beverly M. Russell, Assistant United States Attorney, argued the cause for the appellees. Kenneth L. Wainstein, Acting United States Attorney at the time the brief was filed, R. Craig Lawrence, Assistant United States Attorney, and Ann Rosenthal and John Shortall, Attorneys, United States Department of Labor, were on brief for the appellees.

Before HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Appellant Roger Wood seeks review of the district court's dismissal of his appeal from the decision of the Department of Labor (DOL) declining to file suit on his behalf for retaliatory discharge under section 11(c) of the Occupational Safety and Health Act (Act), 29 U.S.C. § 660(c). The district court held that the DOL's decision not to sue was...

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