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CALHOUN v. U.S. DEPT. OF LABOR

No. 07-2157.

576 F.3d 201 (2009)

Beverly Howard CALHOUN, Petitioner, United Parcel Service, Incorporated, Intervenor, v. UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 11, 2009.

Attorney(s) appearing for the Case

ARGUED: Paul Otto Taylor, Truckers Justice Center, Burnsville, Minnesota, for Petitioner. Lee Gary Grabel, United States Department of Labor, Washington, DC, for Respondent. Glenn G. Patton, Alston & Bird, Atlanta, Georgia, for Intervenor. ON BRIEF: Gregory F. Jacob, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Michael P. Doyle, Counsel for Appellate Litigation, United States Department of Labor, Washington, DC, for Respondent. Leslie E. Wood, Alston & Bird, Atlanta, Georgia, for Intervenor.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge DUNCAN and Senior Judge KISER joined.

OPINION

GREGORY, Circuit Judge:

This appeal arises out of a complaint Petitioner Beverly Calhoun filed with the Occupational Safety and Health Administration ("OSHA") claiming that United Parcel Service ("UPS") took adverse employment actions against him as a result of conduct protected by the Surface Transportation Assistance Act ("STAA"), 49 U.S.C.A. § 31105 (West 2008). An administrative law judge ("ALJ") with the Department of Labor ("DOL") recommended...

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