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DAKOTA, MN & EASTERN RR. v. DEPT. OF LABOR ADMIN.

No. 18-2888.

948 F.3d 940 (2020)

DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION d/b/a Canadian Pacific Petitioner v. U.S. DEPARTMENT OF LABOR ADMINISTRATIVE REVIEW BOARD Respondent. Mark Riley Claimant-Intervenor.

United States Court of Appeals, Eighth Circuit.

Filed: January 30, 2020.

Attorney(s) appearing for the Case

Tracey Holmes Donesky , Matthew C. Tews , Stinson, LLP, Minneapolis, MN, for Petitioner.

Megan Elizabeth Guenther , Mary Elizabeth McDonald , U.S. Department of Labor, Office of the Solicitor, Fair Labor Standards Division, Washington, DC, for Respondent.

Corey Barrett Kronzer , Rome & Arata, Pearland, TX, for Claimant-Intervenor.

Before LOKEN, SHEPHERD, and STRAS, Circuit Judges.

Dakota, Minnesota and Eastern Railroad Corp., doing business as Canadian Pacific ("CP"), petitions for review of a final decision of the Department of Labor's Administrative Review Board ("ARB") affirming the decision of the administrative law judge ("ALJ"). The ARB ruled that CP violated the whistleblower retaliation provisions...

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