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ROADWAY EXP., INC. v. U.S. DEPT. OF LABOR

No. 09-1315.

612 F.3d 660 (2010)

ROADWAY EXPRESS, INC., Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, and Peter P. Cefalu, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 2010.

Attorney(s) appearing for the Case

Lisa A. McGarrity, Thomas J. Posey (argued), Attorneys, Franczek Radelet, Chicago, IL, for Petitioner.

Gary K. Stearman (argued), Attorney, Department of Labor, Office of the Solicitor, Washington, DC, for Respondent.

Amanda R. Cefalu, Attorney, Anderson Helgen Davis & Nissen, Minneapolis, MN, Paul O. Taylor (argued), Attorney, Burnsville, MN, for Intervenor.

Before POSNER, RIPPLE, and WOOD, Circuit Judges.

WOOD, Circuit Judge.

It has been more than seven years since Roadway Express ("Roadway") fired Peter Cefalu. The litigation over this action, however, lives on; this petition for review represents the parties' second trip before this court. See Roadway Exp., Inc. v. United States Dep't of Labor, 495 F.3d 477 (7th Cir.2007) (Roadway I). The case originated in August 2002, when Cefalu filed a complaint with the Occupational...

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