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SECRETARY, U.S. DEPT. OF LABOR v. PRESTON

No. 17-10833.

873 F.3d 877 (2017)

SECRETARY, U.S. DEPARTMENT OF LABOR, Plaintiff-Appellant, v. Robert N. PRESTON, TPP Holdings, Inc., d.b.a. The Preston Partnership, LLC, TPP Holdings Inc., Employee Stock Ownership Plan Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 12, 2017.

Attorney(s) appearing for the Case

Stephen Silverman , G. William Scott , M. Patricia Smith , Thomas Tso , U.S. Department of Labor, WASHINGTON, DC, Angela F. Donaldson , OSHA — Atlanta Div., ATLANTA, GA, Uche N. Egemonye , Office of the Solicitor, US DOL, ATLANTA, GA, for Plaintiff-Appellant.

David Howard Flint , Michael David Flint , Andrew John Lavoie , Schreeder Wheeler & Flint, LLP, ATLANTA, GA, for Defendant-Appellee.

Before WILSON and NEWSOM, Circuit Judges, and MORENO, District Judge.

It is hornbook law that rights of all kinds — even constitutional ones — can be waived. For instance, a criminal defendant might for one reason or another elect to waive his Fourth Amendment freedom from unreasonable searches, his Fifth Amendment privilege against self-incrimination, or his Sixth Amendment right...

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