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VULCAN ARBOR HILL CORP. v. REICH

No. 95-5162.

81 F.3d 1110 (1996)

VULCAN ARBOR HILL CORPORATION, a/k/a Arbor Hill Associates, et al., Appellants, v. Robert B. REICH, Secretary, Department of Labor and Henry Cisneros, Secretary, Department of Housing and Urban Development, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 19, 1996.

Attorney(s) appearing for the Case

Karen M. Lockwood, Washington, DC, argued the cause for appellants, with whom William J. Rodgers and Charles B. Long were on the briefs.

Robert M. Loeb, Attorney, United States Department of Justice, argued the cause for appellees, with whom Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., United States Attorney, and Douglas N. Letter, Litigation Counsel, United States Department of Justice, were on the brief.

Before: EDWARDS, Chief Judge, and WALD and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

Dissenting opinion filed by Circuit Judge HENDERSON.

WALD, Circuit Judge:

The developer of a project partially financed by the Department of Housing and Urban Development ("HUD") to rehabilitate 82 dilapidated row houses in inner-city Albany, New York appeals a determination by the Wage and Appeals Board of the Department of Labor ("Board") that it was required to pay "prevailing" wages as determined...

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