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FACCHIANO CONST. CO., INC. v. U.S. DEPT. OF LABOR

No. 92-3212.

987 F.2d 206 (1993)

FACCHIANO CONSTRUCTION COMPANY, INC., Michael Facchiano, Sr., Michael Facchiano, Jr., and John Facchiano, Appellants, v. The UNITED STATES DEPARTMENT OF LABOR, The Secretary of Labor Lynn Martin, in her official capacity, John R. Fraser, Acting Administrator, Wage and Hour Division, in his official capacity, The Comptroller General of the United States of America, Robert L. Clarke, in his official capacity, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 8, 1993.

Attorney(s) appearing for the Case

Frederick J. Francis (argued), Meyer, Unkovic & Scott, Pittsburgh, PA, for appellants, Facchiano Const. Co., Michael Facchiano, Sr., Michael Facchiano, Jr., John Facchiano.

William J. Stone, Joan Brenner (argued), U.S. Dept. of Labor, Paul J. Brysh, Office of U.S. Atty., Pittsburgh, PA, for appellees.

Before: SLOVITER, Chief Judge, STAPLETON and LAY, Circuit Judges.

OPINION OF THE COURT

LAY, Senior Circuit Judge.

Facchiano Construction Company, Inc., Michael Facchiano Jr., Michael Facchiano Sr. and John Facchiano appeal the order of the district court1 debarring them from contracting with the federal government for three years pursuant to 29 C.F.R. § 5.12(a)(1) (1986). Our review of this matter is plenary. General Comm. Of Adjustment, United Transp. Union v. CSX R.R. Corp., ...

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