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NORFOLK SOUTHERN RY. CO. v. PEREZ

No. 14-3274.

778 F.3d 507 (2015)

NORFOLK SOUTHERN RAILWAY COMPANY, Petitioner, v. Thomas E. PEREZ, Secretary of Labor, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 18, 2015.

Attorney(s) appearing for the Case

ARGUED: Robert E. Harrington, III , Harrington, Thompson, Acker & Harrington, Ltd., Chicago, Illinois, for Intervenor. John B. Lewis , Baker & Hostetler LLP, Cleveland, Ohio, for Petitioner. Rachel Goldberg , United States Department of Labor, Washington, D.C., for Respondent. ON BRIEF: Robert E. Harrington, III , Harrington, Thompson, Acker & Harrington, Ltd., Chicago, Illinois, for Intervenor. John B. Lewis , Dustin M. Dow , Baker & Hostetler LLP, Cleveland, Ohio, for Petitioner. Rachel Goldberg , United States Department of Labor, Washington, D.C., for Respondent. Harry W. Zanville , San Diego, California, for Amicus Curiae.

Before: COLE, Chief Judge; GRIFFIN, Circuit Judge; CARR, District Judge.

OPINION

The Federal Railroad Safety Act (the "FRSA"), which prohibits a railroad carrier from retaliating against employees who report work-related injuries and potential safety violations, provides that "[a]n employee may not seek protection under both this section and another provision of law for the same allegedly...

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