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CALMAT CO. v. U.S. DEPT. OF LABOR

No. 02-73199.

364 F.3d 1117 (2004)

CALMAT COMPANY, Petitioner, v. U.S. DEPARTMENT OF LABOR, Administrative Review Board; Robert E. Germann, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed April 19, 2004.

Attorney(s) appearing for the Case

Michael W. Monk, Musick, Peeler & Garrett, Los Angeles, CA, for the petitioner.

Lee Grabel, U.S. Department of Labor, Washington, D.C., for the respondent.

Before B. FLETCHER, PREGERSON, and FERGUSON, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

CalMat Company ("CalMat") petitions for review of a Final Decision and Order of the Department of Labor's Administrative Review Board (ARB), holding that CalMat violated the whistleblower protection provision of the Surface Transportation Assistance Act (STAA), 49 U.S.C. § 31105, when it suspended Robert E. Germann without pay. We have jurisdiction under 49 U.S.C. § 31105(c), and we deny the petition for review.

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