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JANIK PAVING & CONST., INC. v. BROCK

No. 1322. Docket 87-6113.

828 F.2d 84 (1987)

JANIK PAVING & CONSTRUCTION, INC., et al., Plaintiffs-Appellants, v. William E. BROCK, III, as Secretary of the United States Department of Labor, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 9, 1987.

Attorney(s) appearing for the Case

Thomas E. Brydges, Buffalo, N.Y. (Jaeckle, Fleischmann & Mugel, Buffalo, N.Y., Wayne R. Gradl, of counsel), for plaintiffs-appellants.

Donald P. Simet, Asst. U.S. Atty., Buffalo, N.Y. (Roger P. Williams, U.S. Atty. for the W.D.N.Y., Buffalo, N.Y., Linda Jan S. Pack, Counsel for Appellate Litigation, Leif Jorgenson, Attorney, U.S. Dept. of Labor, Washington, D.C., of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, and LUMBARD and MINER, Circuit Judges.

LUMBARD, Circuit Judge:

On this appeal, we are primarily asked to decide whether the Secretary of Labor has the statutory authority to "debar" a contractor which has violated overtime hours and pay provisions of the Contract Work Hours and Safety Standards Act ("CWHSSA"), 40 U.S.C. §§ 327-333, from working on any contract or subcontract receiving federal funding under numerous specified statutes, for a period of up to three years. Appellants, Janik Paving...

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