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FORMER EMP. OF QUALITY FABR., INC. v. U.S. SECRETARY OF LABOR

SLIP OP. 03-27. No. 02-00522.

259 F.Supp.2d 1282 (2003)

FORMER EMPLOYEES OF QUALITY FABRICATING, INC., Plaintiffs, v. THE UNITED STATES SECRETARY OF LABOR, Defendant.

United States Court of International Trade.

March 14, 2003.

Attorney(s) appearing for the Case

Collier Shannon Scott, Washington, DC (John Brew and Iva Smith) for Plaintiffs.

Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; Lucius B. Lau, Assistant Director, Victoria L. Strohmeyer, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, for Defendant.

Before: WALLACH, Judge.

OPINION

WALLACH, J.

Defendant, United States Department of Labor ("DOL"), filed a Motion to Dismiss for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 2636(d) (1994), because Plaintiffs brought their suit beyond the sixty-day statutory time period for commencing an action.1 Plaintiffs, certain former employees of Quality Fabricating, Inc. ("Quality...

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