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MIDWEST MAINTENANCE & CONST. CO. v. VELA

No. 78-1694.

621 F.2d 1046 (1980)

MIDWEST MAINTENANCE & CONSTRUCTION CO., INC., a corporation and C. W. Curtis and Cecile Curtis, Plaintiffs-Appellants, v. Xavier M. VELA, Administrator, Wage and Hour Division (Successor to Ronald J. James, Resigned), and Ray Marshall, Secretary of Labor, United States Department of Labor, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided May 1, 1980.

Attorney(s) appearing for the Case

Charles W. Ellis, Oklahoma City, Okl. (Ellis, Frates & Shotts, Oklahoma City, Okl., on the briefs), for plaintiffs-appellants.

Gail V. Coleman, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Ronald G. Whiting, Associate Sol., George E. Rivers, and Jack Diamond, Attys., U. S. Dept. of Labor, Washington, D. C., James E. White, Acting Regional Sol., Dallas, Tex., on the brief), for defendants-appellees.

Before McWILLIAMS, BREITENSTEIN and SEYMOUR, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This action seeks review of decisions of the United States Department of Labor under the Service Contract Act of 1965, as amended, 41 U.S.C. § 351 et seq. After an administrative hearing, defendant-appellee James, as Administrator of the Wage and Hour Division, held that plaintiff-appellant Midwest Maintenance & Construction Co. had underpaid its employees working on a federal service contract by over $61,000. Defendant-appellee...

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