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CARTER v. SECRETARY, DEPT. OF LABOR

No. 22-3218.

108 F.4th 1028 (2024)

Clyde O. CARTER, Jr., Petitioner v. SECRETARY, DEPARTMENT OF LABOR, Respondent BNSF Railway Company, Intervenor.

United States Court of Appeals, Eighth Circuit.

Filed: July 18, 2024.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the petitioner and appeared on the brief was David Bony, of Kansas City, MO.

Counsel who presented argument on behalf of the respondent and appeared on the brief was James Morlath, of Washington, DC.

Counsel who presented argument on behalf of the intervenor and appeared on the brief was David M. Morrell, of Washington, DC. The following attorney(s) also appeared on the intervenor brief: Jacqueline M. Holmes, of Washington, DC.

Before SMITH, WOLLMAN, and GRASZ, Circuit Judges.

The Federal Rail Safety Act (FRSA) prohibits railroad carriers from retaliating against employees for reporting any "work-related personal injury." 49 U.S.C. § 20109(a)(4). Clyde O. Carter, Jr., filed a FRSA complaint with the Department of Labor, alleging that BNSF Railway Company (BNSF) initiated disciplinary investigations...

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