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FLUOR CONSTRUCTORS, INC. v. REICH

No. 95-2827.

111 F.3d 94 (1997)

FLUOR CONSTRUCTORS, INC., Petitioner, v. Robert B. REICH, Secretary of Labor, U.S. Department of Labor, Respondent.

United States Court of Appeals, Eleventh Circuit.

April 15, 1997.

Attorney(s) appearing for the Case

James R. Wiley, Tampa, FL, for petitioner.

William J. Stone, Ellen R. Edmond, U.S. Dept. of Labor, Washington, DC, for respondent.

Before EDMONSON and BLACK, Circuit Judges, and HILL, Senior Circuit Judge.

BLACK, Circuit Judge:

This case presents an issue of first impression in this country: does the Supreme Court's pronouncement in Budinich v. Becton Dickinson & Co., 486 U.S. 196, 108 S.Ct. 1717, 100 L.Ed.2d 178 (1988), regarding the collateral nature of fee determinations apply to administrative cases? Because we discern no reason that the Supreme Court's holding would not apply to an appeal from the decision of an administrative...

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