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HERMAN v. FABRI-CENTERS OF AMERICA, INC.

No. 01-3080.

308 F.3d 580 (2002)

Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. FABRI-CENTERS OF AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 17, 2002.

Attorney(s) appearing for the Case

Leif Jorgenson (argued and briefed), Paul Frieden (briefed) U.S. Department of Labor, Office of the Solicitor, Washington, D.C., for Appellant.

Keith L. Pryatel (argued and briefed), Harley M. Kastner (briefed), Kastner, Westman & Wilkins, Akron, OH, for Appellee.

Before SILER and CLAY, Circuit Judges; WILLIAMS, District Judge.

CLAY, J., delivered the opinion of the court. WILLIAMS, D.J. (p. 593), delivered a separate opinion concurring in the result. SILER, J. (pp. 593-94), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Plaintiff, Alexis M. Herman, former Secretary of Labor of the United States Department of Labor ("the Secretary"), appeals from the judgment ordering Defendant, Fabri-Centers of America,...

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