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BETTNER v. ADMINISTRATIVE REVIEW BD.

No. 07-2679.

539 F.3d 613 (2008)

William J. BETTNER, Petitioner, v. ADMINISTRATIVE REVIEW BOARD, United States Department of Labor, Respondent, and Crete Carrier Corporation, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 21, 2008.

Attorney(s) appearing for the Case

Paul O. Taylor (submitted), Burnsville, MN, for Petitioner.

Edmund C. Baird (submitted), Department of Labor Office of the Solicitor, Washington, DC, for Respondent.

Jane M. McFetridge (submitted), Jackson Lewis, Chicago, IL, for Intervenor.

Before POSNER, RIPPLE and MANION, Circuit Judges.

RIPPLE, Circuit Judge.

On December 6, 2003, William Bettner filed a complaint with the Occupational Safety and Health Administration ("OSHA"), an agency within the Department of Labor, alleging that his employer, Crete Carrier Corp. ("Crete"), had discriminated against him in violation of the Surface Transportation Assistance Act, 49 U.S.C. § 31105 ("STAA"). OSHA entered a preliminary finding against Mr. Bettner, and...

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