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TRANSAM TRUCKING v. ADMINISTRATIVE REVIEW BD.

No. 15-9504.

833 F.3d 1206 (2016)

TRANSAM TRUCKING, INC., Petitioner, v. ADMINISTRATIVE REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Respondent. Alphonse Maddin, Intervenor.

United States Court of Appeals, Tenth Circuit.

Filed August 8, 2016.

Attorney(s) appearing for the Case

Brad K. Thoenen (Kendra D. Hanson with him on the briefs), Seigfreid Bingham, PC, Kansas City, Missouri, for Petitioner.

Scott Glabman, Senior Appellate Attorney (M. Patricia Smith, Solicitor of Labor; Ann Rosenthal, Associate Solicitor for Occupational Safety and Health; Heather R. Phillips, Counsel for Appellate Litigation, with him on the brief), U.S. Department of Labor, Washington, D.C., for Respondent.

Robert D. Fetter, Miller Cohen, P.L.C., Detroit, Michigan, for Intervenor.

Before GORSUCH, MURPHY, and McHUGH, Circuit Judges.

I. Introduction

Alphonse Maddin was employed as a truck driver by Petitioner TransAm Trucking ("TransAm"). In January 2009, Maddin was transporting cargo through Illinois when the brakes on his trailer froze because of subzero temperatures. After reporting the problem to TransAm and waiting several hours for a repair...

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