BUSINESS COMMUNICATIONS, INC. v. U.S. DEPT. OF EDUC.

No. 12-3081.

739 F.3d 374 (2013)

BUSINESS COMMUNICATIONS, INC., Petitioner v. UNITED STATES DEPARTMENT OF EDUCATION; Arne Duncan, in his official capacity as Secretary of Education, Respondents. Brandon Mueller, Intervenor.

United States Court of Appeals, Eighth Circuit.

Filed: December 2, 2013.


Attorney(s) appearing for the Case

Stephen James Carmody , argued, Jackson, MS, (Cody C. Bailey, on the brief), appellant.

Jeffrica Jenkins Lee , argued, Washington, DC, (Marleigh Doveron the brief), appellee.

Brandon Mueller did not participate;.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.


GRUENDER, Circuit Judge.

Business Communications, Inc. ("BCI") was awarded contracts to install cable in the El Dorado and Beebe Arkansas school districts under the American Recovery and Reinvestment Act ("ARRA"), Pub.L. No. 111-5, 123 Stat. 115 (2009). Branden Mueller, who worked for BCI on both projects, filed a complaint with the Department of Education ("DOE") alleging that BCI had terminated his employment after he complained about not being paid "prevailing...

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