Opinion for the court filed by Circuit Judge HENDERSON.
KAREN LeCRAFT HENDERSON, Circuit Judge:
Appellant Tom Mistick & Sons, Inc. (Mistick), a Pennsylvania contractor, appeals from an order of the district court granting summary judgment against it. The district court upheld the determination of the Department of Labor (Department) that Mistick's employee fringe benefit plan was not a bona fide plan under the Davis-Bacon Act, as amended, 40 U.S...
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