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223049P.pdf   07/24/2023  Avery Wilson  v.  CTW Transportation Services
   U.S. Court of Appeals Case No:  22-3049
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Gruender, Author, with Shepherd and Stras, Circuit Judges] Civil case. In this action plaintiff alleged he was terminated in retaliation for reporting safety issues, in violation of 49 U.S.C. Sec. 31105(a); the district court dismissed for lack of jurisdiction because plaintiff had engaged in bad faith delay of the administrative proceedings which proceeded this filing; however, the district court relied mainly on plaintiff's conduct after the deadline for the Secretary to act in the matter had passed and did not specifically find that plaintiff's conduct before the deadline caused the Secretary to miss the deadline; reversed and remanded for further proceedings as to whether the Secretary's failure to issue a final order within 210 days was due to plaintiff's bad faith conduct.