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ABHE & SVOBODA, INC. v. CHAO

No. 06-5305.

508 F.3d 1052 (2007)

ABHE & SVOBODA, INC., Appellant v. Elaine CHAO, Secretary, United States Department of Labor, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 23, 2007.

Attorney(s) appearing for the Case

Maurice Baskin argued the cause and filed the briefs for appellant.

Thomas R. Davies was on the brief for amicus curiae Associated Builders and Contractors, Inc. in support of appellant.

Benton G. Peterson, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Before: SENTELLE and ROGERS, Circuit Judges, and EDWARDS, Senior Circuit Judge.

ROGERS, Circuit Judge:

This appeal concerns four challenges by a government contractor to the withholding of contract payment for violation of the Davis-Bacon Act, 40 U.S.C. § 3141 et seq. Although the court lacks subject matter jurisdiction to review challenges to the correctness of the Secretary of Labor's wage determinations under the Act, see United States v. Binghamton Constr. Co., 347 U.S...

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