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FORMER EMPL. OF MARATHON ASHLAND PIPELINE, LLC v. CHAO

SLIP OP. 03-64, No. 00-04-00171.

277 F.Supp.2d 1298 (2003)

FORMER EMPLOYEES OF MARATHON ASHLAND PIPELINE, LLC, Plaintiffs, v. Elaine CHAO, United States Secretary of Labor, Defendant.

United States Court of International Trade.

June 11, 2003.

Attorney(s) appearing for the Case

Katten, Muchin, Zavis, Rosenman, (Marianne Rowden, James L. Sawyer) for Plaintiffs.

Robert D. McCallum, Jr., Assistant Attorney General, Civil Division, United States Department of Justice, David M. Cohen, Director, Commercial Litigation Branch, Lucius B. Lau, Assistant Director, (Delfa Castillo), Trial Attorney; Gary E. Bernstecker, Attorney, Office of the Solicitor, Division of Employment & Training Legal Service, United States Department of Labor.

OPINION

BARZILAY, Judge.

I. INTRODUCTION

Before the court is the Remand Determination performed by the United States Department of Labor ("Labor") pursuant to this court's opinion and remand order. See Fmr. Emps. of Marathon Ashland Pipeline, LLC v. Chao, 26 CIT ___, 215 F.Supp.2d 1345 (2002) ("Marathon I"). In Marathon I the court considered an appeal from a determination...

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