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EXXON CHEMICALS AMERICA v. CHAO

No. 00-60569.

298 F.3d 464 (2002)

EXXON CHEMICALS AMERICA, Petitioner, v. Elaine CHAO; Administrative Review Board, United States Dept of Labor; Edwin A. Melendez, Respondents.

United States Court of Appeals, Fifth Circuit.

July 30, 2002.

Attorney(s) appearing for the Case

F. Walter Conrad, Jr., Teresa S. Valderrama, Baker Botts, Houston, TX, for Exxon Chemicals America.

Gary K. Stearman, Allen Howard Feldman, Nathaniel I. Spiller, Marvin Krislov, U.S. Dept. of Labor, Washington, DC, for Elaine Chao and Administrative Review Bd., U.S. Dept. of Labor.

Valorie Wells Davenport, Law Offices of Valorie Davenport, Houston, TX, for Edwin A. Melendez.

Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Exxon Chemicals America ("Exxon") appeals an order of the United States Department of Labor Administrative Review Board ("ARB") remanding this case to the Administrative Law Judge ("ALJ"). We now must determine whether we have jurisdiction to review the ARB's action.

This appeal arises from Exxon's termination of Edwin A. Melendez from his position as a tool room technician, allegedly for insubordination. Following his discharge...

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