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United States Fourth Circuit


Calhoun v. US Dep't of Labor, 07-2157

In a petition for review of the Department of Labor's determination that petitioner's employer did not discharge him for complaining about violations of the Surface Transportation Assistance Act, the petition is denied where the inspection methods petitioner insisted on using for his employer's vehicles were not reasonably necessary.

Appellate Information

  • Argued 03/26/2009
  • Decided 08/11/2009
  • Published 08/11/2009

Judges

  • Before GREGORY and DUNCAN, Circuit Judges, and JACKSON L. KISER, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Paul Otto Taylor, Truckers Justice Center, Burnsville, Minnesota, for Petitioner.  Lee Gary Grabel, United States Department of Labor, Washington, DC, for Respondent.  Glenn G. Patton, Alston & Bird, Atlanta, Georgia, for Intervenor.   ON BRIEF:  Gregory F. Jacob, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Michael P. Doyle, Counsel for Appellate Litigation, United States Department of Labor, Washington, DC, for Respondent.  Leslie E. Wood, Alston & Bird, Atlanta, Georgia, for Intervenor.
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