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DOYLE v. U.S. SECRETARY OF LABOR

Nos. 00-1589, 00-2035.

285 F.3d 243 (2002)

Shannon T. DOYLE, Petitioner, v. U.S. SECRETARY OF LABOR and U.S. Department of Labor Administrative Review Board, Respondents. Hydro Nuclear Services, Inc., Petitioner, v. The Secretary of Labor, Administrative Review Board, and The UNITED STATES Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Filed March 27, 2002.

Attorney(s) appearing for the Case

Stephen M. Kohn (argued), Kohn, Kohn & Colapinto, Washington, DC, for Petitioner in No. 00-1589 and Intervenor in No. 00-2035.

Peter Buscemi (argued), Thomas A. Schmutz, David R. Lipson, Morgan, Lewis & Bockius, Washington, DC, Glen R. Stuart, Morgan, Lewis & Bockius, Philadelphia, PA, Hope A. Comisky, Michael H. Rosenthal, Pepper Hamilton, Philadelphia, PA, for Petitioner in No. 00-2035.

Howard M. Radzely, Acting Solicitor of Labor, Steven J. Mandel, Associate Solicitor; Paul L. Frieden, Lois R. Zuckerman, (argued), Office of the Solicitor, United States Department of Labor, Washington, DC, for Respondents.

BEFORE: SCIRICA, GREENBERG, and BRIGHT, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

These matters come on before this court on consolidated petitions for review of a May 17, 2000 Final Decision and Order issued by the Administrative Review Board ("ARB") acting on behalf of the United States Secretary of Labor and United States Department of Labor, and of a March 30, 1994 Final Decision and Order of the Secretary. The Secretary's decision and order determined that petitioner Hydro Nuclear Services...

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