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L.P. CAVETT CO. v. U.S. DEPT. OF LABOR

No. 95-3902.

101 F.3d 1111 (1996)

L.P. CAVETT COMPANY, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF LABOR, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 3, 1996.

Attorney(s) appearing for the Case

Paul D. Rice (argued and briefed), Cincinnati, OH, for L.P. Cavett Co.

William J. Stone, Ford F. Newman (argued and briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, and James M. Coombe, Office of the U.S. Attorney, Cincinnati, OH, for United States Department of Labor, Robert Reich, and Wage Appeals Board.

William A. Isokait (briefed), Associated General Contractors of America, Inc., Washington, DC, for Associated General Contractors of America, Inc., Amicus Curiae.

Terry R. Yellig (briefed), Sherman, Dunn, Cohen, Leifer & Yellig, Washington, DC, for the Building and Construction Trades Department, AFL-CIO, Amicus Curiae.

Before: KEITH, SILER, and BATCHELDER, Circuit Judges.

KEITH, Circuit Judge.

Plaintiff-Appellant, L.P. Cavett Company ("Cavett") appeals from an order of the magistrate judge granting summary judgment in favor of the Department of Labor in an action to review the Department's determination that Cavett and its subcontractor violated the Davis-Bacon Act while performing work on a federally-funded highway construction project. Cavett contends that the district court erred in finding that the prevailing wage requirements...

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