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MACKTAL v. CHAO

No. 01-60195.

286 F.3d 822 (2002)

Joseph J. MACKTAL, Jr., Petitioner, v. Elaine CHAO, Secretary of Labor, U.S. Department of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

April 8, 2002.

Attorney(s) appearing for the Case

Christopher James Wesser, Stephen Martin Kohn, David K. Colapinto, Kohn, Kohn & Colapinto, Washington, DC, for Petitioner.

Barbara Eby Racine, Paul L. Frieden, Judith E. Kramer, Acting Solicitor, U.S. Dept. of Labor, Washington, DC, for Respondent.

Before SMITH and DeMOSS, Circuit Judges, and LAKE, District Judge.

SIM LAKE, District Judge:

This is the last chapter in a long saga between petitioner Joseph J. Macktal, Jr., his former employer, Brown & Root, and the United States Department of Labor. In this appeal Macktal petitions the Court to review and vacate a decision and order of the Administrative Review Board of the Department of Labor (ARB) denying Macktal's Petition for Attorney's Fees and Costs because the ARB did not have authority to reconsider its earlier decision...

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