STONE & WEBSTER CONST. v. U.S. DEPT. OF LABOR

No. 11-11885.

684 F.3d 1127 (2012)

STONE & WEBSTER CONSTRUCTION, INC., Petitioner, v. U.S. DEPARTMENT OF LABOR, Secretary of the U.S. Department of Labor, Respondents, James Speegle, Intervenor.

United States Court of Appeals, Eleventh Circuit.

June 19, 2012.


Attorney(s) appearing for the Case

Jason C. Schwartz , Eugene Scalia , Porter Noell Wilkinson , Gibson, Dunn & Crutcher, LLP, Washington, DC, for Petitioner.

Lisa J. Banks , David J. Marshall , Washington, DC, for Intervenor.

Melissa Ann Murphy , Rachel Goldberg , U.S. Dept. of Labor, Hilda Solis, USDOL Office of the Sol., Washington, DC, for Respondent.

Before DUBINA, Chief Judge, EDMONDSON, Circuit Judge, and GOLDBERG, Judge.


DUBINA, Chief Judge:

Petitioner Stone & Webster Construction, Inc. ("S&W") seeks this court's review of Respondent Secretary of Labor's decision in favor of S&W's former employee, James Speegle, who intervened in this case. In contradiction to the findings of an administrative law judge ("the ALJ"), the Secretary's Administrative Review Board ("the ARB") found that S&W gave pretextual, shifting explanations...

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