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MARTIN v. YELLOW FREIGHT SYSTEM, INC.

No. 91 Civ. 8370 (GLG).

793 F.Supp. 461 (1992)

Lynn MARTIN, Secretary of Labor, United States Department of Labor, Plaintiff, v. YELLOW FREIGHT SYSTEM, INC., Defendant.

United States District Court, S.D. New York.

May 18, 1992.

Attorney(s) appearing for the Case

Office of Sol., U.S. Dept. of Labor, New York City (Stephen D. Dubnoff, Mark A. Holbert, of counsel), for plaintiff.

Gleason, Dunn, Walsh & O'Shea, Albany, N.Y. (Ronald G. Dunn, of counsel), for plaintiff-intervenor.

Galland, Kharasch, Morse & Garfinkle, P.C., Washington, D.C. (Anthony J. McMahon, of counsel), Cohen, Shapiro, Polisher, Shiekman and Cohen, Philadelphia, Pa. (Jeffrey I. Pasek, of counsel), for defendant.

OPINION

GOETTEL, District Judge.

Robert Spinner was employed by Yellow Freight System, Inc. as a truck driver. The facts stated here have been drawn from the decision of Administrative Law Judge Rippey in In the Matter of Robert C. Spinner v. Yellow Freight System, Inc., No. 90-STA-0017 (July 16, 1991). On October 3, 1989, at 5:00 a.m., he was assigned to drive a tractor-trailer from Cleveland, Ohio to Maybrook, New York. The trailer had been driven...

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