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FRY BROS. CORP. v. DEPARTMENT OF HOUSING, ETC.

No. 78-1277.

614 F.2d 732 (1980)

FRY BROTHERS CORPORATION, Appellant, v. The DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Decided February 11, 1980.

Attorney(s) appearing for the Case

Zenon F. Myszkowski, of Marchiondo & Berry, P.A., Albuquerque, N. M., for appellant.

Richard J. Smith, Asst. U. S. Atty., Albuquerque, N. M. (R. E. Thompson, U. S. Atty., Albuquerque, N. M., with him on brief), for appellees.

Before SETH, Chief Judge, and McWILLIAMS and SEYMOUR, Circuit Judges.

PER CURIAM.

This is an appeal from dismissal for lack of jurisdiction and failure to state a claim upon which relief may be granted, pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6).

Plaintiff Fry Brothers Corporation was a subcontractor on federally supported housing projects. A dispute arose between plaintiff and federal officials over the wage scale required for a certain group of workers under the Davis-Bacon Act, 40 U.S.C. § 276a, et seq. The...

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