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LONG JOHN SILVER'S RESTAURANTS, INC. v. COLE

No. 06-1259.

514 F.3d 345 (2008)

LONG JOHN SILVER'S RESTAURANTS, INCORPORATED; Long John Silver's, Incorporated, Plaintiffs-Appellants, v. Erin COLE; Nick Kaufman; Victoria McWhorter, Defendants-Appellees. Secretary of Labor, Amicus Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 28, 2008.

Attorney(s) appearing for the Case

ARGUED: Kenneth Steven Geller, Mayer Brown, L.L.P., Washington, D.C., for Appellants. Edward D. Sieger, Senior Appellate Attorney, United States Department of Labor, Washington, D.C., for Amicus Supporting Appellants. Morris Reid Estes, Jr., Stewart, Estes & Donnell, Nashville, Tennessee, for Appellees. ON BRIEF: Robert P. Davis, David M. Gossett, Tamara S. Killion, Mayer, Brown, Rowe & Maw, L.L.P., Washington, D.C.; John F. Dienelt, Scott McIntosh, DLA Piper Rudnick Gray Cary, L.L.P., Washington, D.C.; Henry L. Parr, Jr., J. Theodore Gentry, Hannah Rogers Metcalfe, Wyche, BurGess, Freeman & Parham, P.A., Greenville, South Carolina, for Appellants. Thomas J. Ervin, Kathryn Williams, PA., Greenville, South Carolina; Darrell L. West, Stewart, Estes & Donnell, Nashville, Tennessee; Brian P. Murphy, Greenville, South Carolina, for Appellees. Howard M. Radzely, Solicitor of Labor, Gregory F. Jacob, Deputy Solicitor, Nathaniel I. Spiller, Assistant Deputy Solicitor, United States Department of Labor, Washington, D.C., for Amicus Supporting Appellants.

Before MICHAEL and KING, Circuit Judges, and CATHERINE C. BLAKE, United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge MICHAEL and Judge BLAKE joined.

OPINION

KING, Circuit Judge:

Long John Silver's Restaurants, Incorporated, and Long John Silver's, Incorporated (collectively, "LJS"), seek appellate relief from a January 20, 2006 ruling of the district court declining to vacate an arbitration award. Long John Silver's Rests., Inc. v. Cole, 409 F.Supp.2d 682

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