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CISSELL MFG. CO. v. U.S. DEPT. OF LABOR

No. 95-5619.

101 F.3d 1132 (1996)

CISSELL MANUFACTURING COMPANY, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF LABOR, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 4, 1996.

Attorney(s) appearing for the Case

Jon L. Fleischaker, Stephen R. Price (argued and briefed), Michelle D. Wyrick, Wyatt, Tarrant & Combs, Louisville, KY, for Plaintiff-Appellee.

James H. Barr, Asst. U.S. Attorney, Louisville, KY, Samuel Bagenstos (argued and briefed), Mark L. Gross, U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, Richard S. Ugelow, U.S. Department of Justice, Civil Rights Division, Washington, DC, for Defendant-Appellant.

Before: MILBURN and SUHRHEINRICH, Circuit Judges; ROSEN, District Judge.

MILBURN, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. ROSEN, J. (pp. 1138-45), delivered a separate dissenting opinion.

MILBURN, Circuit Judge.

In this action seeking review of a final administrative determination that an employer engaged in discrimination in violation of a federal contract, brought under the Administrative Procedure Act ("APA"), 5 U.S.C. § 701 et seq., the Department of Labor appeals the district...

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