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ARAUJO v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC.

No. 12-2148.

708 F.3d 152 (2013)

Anthony ARAUJO, Appellant v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC.

United States Court of Appeals, Third Circuit.

Filed: February 19, 2013.

Attorney(s) appearing for the Case

Charles C. Goetsch, Esq., (Argued), Cahill, Goetsch & Perry, New Haven, CT, for Appellant.

Adam K. Phelps, Esq., (Argued), Office of Attorney General of New Jersey, Department of Law & Public Safety, Newark, NJ, for Appellee.

Before: GREENAWAY, JR., GREENBERG and COWEN, Circuit Judges.

OPINION

COWEN, Circuit Judge.

Anthony Araujo filed a complaint in the United States District Court for the District of New Jersey alleging that he was disciplined by New Jersey Transit Rail Operations, Inc. ("NJT") in retaliation for his participation in an activity protected by the Federal Rail Safety Act, 49 U.S.C. § 20109 ("FRSA"). Specifically, Araujo reported an emotional injury after he witnessed a fatal accident on February 25, 2008. The District...

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