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YOWELL v. ADMIN. REVIEW BOARD, DEPT. OF LABOR

No. 20-60274.

993 F.3d 418 (2021)

Jeff YOWELL, Petitioner, v. ADMINISTRATIVE REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Respondent, Fort Worth & Western Railroad Company, Intervenor.

United States Court of Appeals, Fifth Circuit.

FILED April 12, 2021.

Attorney(s) appearing for the Case

Corey Kronzer , Rome, Arata & Baxley, L.L.C., Pearland, TX, for Petitioner.

Bradley G. Silverman , U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondent.

Rory Divin, Esq. , Brittani Wilmore Rollen , McDonald Sanders, P.C., Fort Worth, TX, for Intervenor.

Before Jolly, Southwick, and Costa, Circuit Judges.

A railroad employee has petitioned for review of a decision by the Department of Labor's Administrative Review Board ("ARB") that upheld his discharge. The petitioner argues that he was improperly terminated for reporting a job-related injury, an act that the Federal Railroad Safety Act ("FRSA") protects. We hold...

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