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FEDERAL FOOD SERVICE, INC. v. DONOVAN

No. 80-1019.

658 F.2d 830 (1981)

FEDERAL FOOD SERVICE, INC., Harold E. Gelber, Appellants, v. The Honorable Raymond J. DONOVAN, Secretary of Labor, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 20, 1981.

Attorney(s) appearing for the Case

John S. Pachter, Washington, D. C., for appellants.

Thomas C. Hill, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., John A. Terry, Michael W. Farrell and Kenneth M. Raisler, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellees.

Before TAMM and MIKVA, Circuit Judges, and PHILIP NICHOLS, Jr., Judge, United States Court of Claims.

Opinion for the court filed by Judge NICHOLS.

NICHOLS, Judge.

The issue presented in this appeal is whether the district court erred in upholding the Secretary of Labor's decision that appellants were in violation of federal law by underpaying certain employees and that there were no "unusual circumstances" present that justified removal of appellants' names from the list of those ineligible to bid on government contracts. Although we agree that the Secretary...

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