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ROADWAY EXP., INC. v. U.S. DEPT. OF LABOR

No. 06-1873.

495 F.3d 477 (2007)

ROADWAY EXPRESS, INC., Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Administrative Review Board, Respondent, and Peter Cefalu, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided July 25, 2007.

Attorney(s) appearing for the Case

Lisa A. McGarrity, Thomas J. Posey (argued), Franczek Sullivan, Chicago, IL, for Petitioner.

Michael P. Doyle (argued), Department of Labor Appellate Litigation, Washington, DC, Gary K. Stearman, Department of Labor Office of the Solicitor, Washington, DC, for Respondent.

Paul O. Taylor (argued), Burnsville, MN, Amanda R. Cefalu, McGrann Shea Anderson Carnival Straughn & Lamb, Minneapolis, MN, for Intervenor.

Before POSNER, RIPPLE, and WOOD, Circuit Judges.

WOOD, Circuit Judge.

Peter Cefalu was terminated from his position as a truck driver with Roadway Express, Inc. ("Roadway") on February 21, 2002. That happened to be the same day on which he provided testimony in support of a fellow employee's grievance hearing against Roadway. On August 19, 2002, Cefalu filed a complaint with the Occupational Safety and Health Administration ("OSHA"), an agency within the Department of Labor ("DOL"), alleging that he had been fired...

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