LaRUE v. DeWOLFF, BOBERG & ASSOCIATES, INC.

No. 05-1756.

458 F.3d 359 (2006)

James LaRUE, Plaintiff-Appellant, v. DeWOLFF, BOBERG & ASSOCIATES, INCORPORATED; DeWolff, Boberg & Associates, Incorporated, Employees' Savings Plan, Defendants-Appellees. Secretary of Labor, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

August 8, 2006.


Attorney(s) appearing for the Case

William Choice Cleveland, III, Buist, Moore, Smythe, McGee, PA, Charleston, SC, Robert Edward Hoskins, Foster Law Firm, LLP, Greenville, SC, for Plaintiff-Appellant.

Thomas Peter Gies, Rebecca Lee, Crowell & Moring, LLP, Washington, DC, Steven Mark Wynkoop, Nelson, Mullins, Riley & Scarborough, Greenville, SC, for Defendants-Appellees.

Timothy David Hauser, Senior Trial Attorney, Howard Marc Radzely, United States Department of Labor, Office of the Solicitor, Karen L. Handorf, Washington, DC, for Amicus Supporting Appellant.


ORDER

Appellant has filed a petition for rehearing and rehearing en banc in LaRue v. DeWolff, Boberg & Associates, Inc., 450 F.3d 570 (4th Cir.2006), and the Secretary of Labor has filed a motion out-of-time for leave to file an amicus brief on appellant's behalf. The court grants the Secretary's motion for leave to file out-of-time, but the petition for rehearing and the petition for rehearing en banc are denied.

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