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Macktal v. Brown & Root, 86-ERA-23 (OAA Aug. 19, 1991)


U.S. Department of Labor
Office of Administrative Appeals
Washington, D.C. 20210

DATE: August 19, 1991
CASE NO. 86-ERA-23

IN THE MATTER OF

JOSEPH J. MACKTAL, JR.
    COMPLAINANT,

    v.

BROWN & ROOT, INC.,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

ORDER

    The United States Court of Appeals for the Fifth Circuit remanded this case to the Secretary for further consideration consistent with the court's opinion. Macktal v. Secretary of Labor, 923 F.2d 1150, 1158 (1991). On July 24, 1991, complainant filed a Notice of Rejection of Settlement and Request for Hearing. Respondent filed a motion for leave to file a post- remand brief, with the brief attached, on August 2, 1991. Complainant opposes this request.

    Upon consideration Respondent's motion is granted. Complainant may file a response to Respondent's brief, not to


[Page 2]

exceed 25 type written pages, within 30 days of receipt of this order. Respondent may file a reply to Complainant's response within 20 days of its receipt, and Complainant may file a reply to Respondent's reply within 20 days of its receipt. complainant's and Respondent's reply briefs shall be limited to 15 type written pages.

    SO ORDERED.

       For the Secretary of Labor

    Director, Office of
Administrative Appeals1

[ENDNOTES]

1 This order is issued pursuant to Secretary's Order 3-90, 55 Fed. Reg. 13,250 (April 9, 1990) (copy appended)



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