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HERMAN B. TAYLOR CONST. CO. v. BARRAM

No. 99-1028.

203 F.3d 808 (2000)

HERMAN B. TAYLOR CONSTRUCTION CO., Appellant, v. David J. BARRAM, Administrator, General Services Administration, Appellee.

United States Court of Appeals, Federal Circuit.

Decided February 15, 2000.

Attorney(s) appearing for the Case

George R. Diaz-Arrastia, Schirrmeister Ajamie, L.L.P., of Houston, Texas, argued for appellant.

Deborah P. Samuel, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. With her on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Robert E. Kirschman, Assistant Director. Of counsel on the brief was Sharon J. Chen, Assistant General Counsel, Office of General Counsel, U.S. General Services Administration, of Washington, DC.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The General Services Administration Board of Contract Appeals ("Board") terminated a contract for default because it determined that the contractor had violated the labor standards provisions of the contract. The Board concluded that the United States Department of Labor, which had sole authority to determine compliance vel non with those requirements, had in fact found noncompliance. We hold that the Labor Department had not so found...

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