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RHODE ISLAND v. U.S.

No. C.A. 00-44-T.

115 F.Supp.2d 269 (2000)

State of RHODE ISLAND, Rhode Island Department of Environmental Management, Plaintiff, v. UNITED STATES of America, United States Department of Labor, Alexis Herman, Secretary of Labor, Occupational Safety and Health Administration, Charles N. Jeffress, Assistant Secretary of Labor for Occupational Safety and Health, Ruth E. McCully, Regional Administrator, Region 1, Osha, Beverly Migliore, Barbara Raddatz, Joan Taylor, and Does 1 through 10, Defendants.

United States District Court, D. Rhode Island.

September 29, 2000.

Attorney(s) appearing for the Case

James R. Lee, Attorney's General's Office, Providence, RI, Alan M. Shoer, Deborah Ann George, Dept. of Environmental Management, Providence, RI, for Rhode Island Dept. of Environmental Management, State of Rhode Island.

Anthony C. DiGioia, U.S. Attorney's Office, Providence, RI, Sandra M. Schraibman, Mark T. Quinlivan, U.S. Dept. of Justice, Washington, DC, for U.S., U.S. Dept. of Labor, Alexis M. Herman, OSHA, Charles N. Jeffress and Ruth E. McCully.

Joel D. Landry, Providence, RI, Ruth Ann Weidel, Washington, DC, for Beverly Migliore, Barbara Raddatz and Joan Taylor.

MEMORANDUM AND ORDER

TORRES, Chief Judge.

Introduction

The State of Rhode Island and the Rhode Island Department of Environmental Management (DEM) (collectively, the "State") brought this action to enjoin proceedings before the United States Department of Labor (DOL) in which several state employees seek damages and other relief against the State for alleged violations of the "whistleblower" protection provision of the Solid Waste...

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