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BNSF R. COMPANY v. U.S. DEPT. OF LABOR

No. 14-9602.

816 F.3d 628 (2016)

BNSF RAILWAY COMPANY, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Administrative Review Board, Respondent. Christopher Cain, Intervenor.

United States Court of Appeals, Tenth Circuit.

March 7, 2016.

Attorney(s) appearing for the Case

Stephen F. Fink , Thompson & Knight, Dallas, TX ( Bryan Neal ; Micah R. Prude , Thompson & Knight, LLP, Dallas, TX, on the briefs), for Petitioner.

Sarah J. Starrett , Attorney ( M. Patricia Smith , Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, William C. Lesser , Deputy Associate Solicitor, and Megan E. Guenther , Counsel for Whistleblower Programs, with her on the brief), U.S. Department of Labor, Washington, D.C., for Respondent.

Newton G. McCoy ( Robert J. Friedman and C. Marshall Friedman , C. Marshall Friedman, P.C., Saint Louis, MO, with him on the brief), St. Louis, MO, for Intervenor.

Before KELLY, LUCERO, and PHILLIPS, Circuit Judges.

BNSF Railway petitions for review of the Administrative Review Board's (the Board) decisions (1) affirming an Administrative Law Judge's (ALJ) finding that BNSF violated the Federal Railroad Safety Act (FRSA or the Act), 49 U.S.C. § 20109, when it fired BNSF employee Christopher Cain, and (2) the ALJ's imposing punitive...

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