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CHAO v. HOSPITAL STAFFING SERVICES, INC.

Nos. 99-6147, 99-6487.

270 F.3d 374 (2001)

Elaine CHAO, Secretary of Labor, UNITED STATES Department of Labor, Plaintiff-Appellee, v. HOSPITAL STAFFING SERVICES, INC.; Capital Factors, Inc.; Ron Lusk, individually and as President of Hospital Staffing Services, Inc., Defendants, Kenneth Welt, Bankruptcy Trustee for Hospital Staffing Services, Inc., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 31, 2001.

Attorney(s) appearing for the Case

ARGUED: Arthur H. Rice, (argued and briefed), RICE & ROBINSON, Miami, Florida, for Appellant.

Ellen R. Edmond (argued and briefed), Paul Frieden (briefed), U.S. DEPARTMENT OF LABOR, OFFICE OF THE SOLICITOR, Washington, D.C., Brian W. Dougherty, U.S. for Appellee.

ON BRIEF: Arthur H. Rice, Lisa M. Schiller, RICE & ROBINSON, Miami, Florida, for Appellant.

Ellen R. Edmond, Paul Frieden, U.S. DEPARTMENT OF LABOR, OFFICE OF THE SOLICITOR, Washington, D.C., for Appellee.

Before: BOGGS and MOORE, Circuit Judges; and BELL, District Judge.

BOGGS, J., delivered the opinion of the court, in which BELL, D. J., joined. MOORE, J. (pp. 33-36), delivered a separate dissenting opinion.

Pursuant to Sixth Circuit Rule 206

OPINION

BOGGS, Circuit Judge.

In the United States District Court for the Western District of Tennessee, the Secretary of Labor filed suit seeking an injunction to prohibit the trustee of a bankrupt corporation then undergoing liquidation in the bankruptcy court for...

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