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HERMAN v. EXCEL CORP.

No. 98-3164.

37 F.Supp.2d 1117 (1999)

Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff, v. EXCEL CORPORATION, Defendant.

United States District Court, C.D. Illinois, Springfield Division.

February 9, 1999.

Attorney(s) appearing for the Case

Leonard A. Grossman, David Martin Kahn, Chicago, IL, for plaintiff.

Frederick P. Velde, Springfield, IL, Brett G. Rawitz, Chicago, IL, Robert D. Overman, Wichita, KS, for defendant.

OPINION

RICHARD MILLS, District Judge.

The Secretary of Labor has filed an enforcement action against an employer for alleged violations of the Fair Labor Standards Act.

May an employer file a counterclaim, in that enforcement action, against the Secretary of Labor?

The employer may, pursuant to the Administrative Procedure Act, if the Secretary of Labor's action constitutes a final agency action.

I. BACKGROUND

The United...

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