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TURGEAU v. ADMINISTRATIVE REVIEW BD.

No. 05-9503.

446 F.3d 1052 (2006)

Brian M. TURGEAU, Petitioner, v. ADMINISTRATIVE REVIEW BOARD, United States Department of Labor, Respondent, and The Nordam Group, Inc., Intervenor.

United States Court of Appeals, Tenth Circuit.

April 27, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Randall D. Huggins, Jonathan E. Shook, Shook, Huggins & Johnson, P.C., Tulsa, OK, for Petitioner.

Howard M. Radzely, Steven J. Mandel, Paul L. Frieden, Joan Brenner, United States Department of Labor, Washington, DC, for Respondent.

Stephen L. Andrew, D. Kevin Ikenberry, Andrew, Williams, & Ikenberry, Tulsa, OK, for Intervenor.

Before HENRY, McKAY, and MURPHY, Circuit Judges.

McKAY, Circuit Judge.

This equitable tolling case revolves around one crucial legal point — that a completely preempted state law claim becomes the federal claim that Congress enacted to replace the state remedy. Respondent Department of Labor and Intervenor The NORDAM Group, Inc. have not appreciated this key point. They therefore incorrectly argue, and the Department of Labor's Administrative Review Board (ARB) incorrectly held, that petitioner Brian...

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