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MISTICK PBT v. CHAO

No. 04-5340.

440 F.3d 503 (2006)

MISTICK PBT, d/b/a Mistick Corporation, Appellant v. Elaine CHAO, Secretary, United States Department of Labor, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 17, 2006.

Attorney(s) appearing for the Case

Maurice Baskin argued the cause and filed the briefs for appellant. Lesley A. Pate entered an appearance.

Alan Burch, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: HENDERSON, BROWN, and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge.

Under the Davis-Bacon Act, 40 U.S.C. § 3141, et seq., bidders on certain construction projects funded by the federal government must pay workers specified wage rates based upon the type of work performed. See 40 U.S.C. § 3142. The Department of Labor (the "Department" or "Secretary") determines the categories of jobs and the prevailing wage rates for those...

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