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MARKET SYNERGY GROUP, INC. v. U.S. DEPT. OF LABOR

No. 17-3038.

885 F.3d 676 (2018)

MARKET SYNERGY GROUP, INC., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF LABOR; R. Alexander Acosta, in his official capacity as Secretary of the United States Department of Labor; Phyllis C. Borzi, in her official capacity as Assistant Secretary of the United States Department of Labor, Defendants-Appellees. AARP; AARP Foundation; Americans for Financial Reform; Better Markets; Consumer Federation of America; National Employment Law Project; Public Investors Arbitration Bar Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

March 13, 2018.

Attorney(s) appearing for the Case

James F. Jorden , ( Brian P. Perryman , of Carlton Fields Jorden Burt, P.A., Washington, D.C.; Michael A. Valerio , of Carlton Fields Jorden Burt, P.A., Hartford, Connecticut; J. Michael Vaughan , of Walters Bender Strohbehn & Vaughan, P.C., Kansas City, Missouri, with him on the briefs), for Plaintiff-Appellant.

Michael Shih , ( Michael S. Raab , and Thais-Lyn Trayer , Civil Division, U.S. Department of Justice; Hashim M. Mooppan , Deputy Assistant Attorney General, Tom Beall , United States Attorney; Of Counsel: Nicholas C. Geale , Acting Solicitor of Labor, G. William Scott , Associate Solicitor, Edward D. Sieger , Senior Attorney, Thomas Tso , Counsel for Appellate Litigation, and Megan Hansen , Attorney for Regulations, U.S. Department of Labor, Office of the Solicitor, with him on the brief), Washington, D.C., for Defendants-Appellees.

Mary Ellen Signorille , and William Alvarado Rivera , of AARP Foundation Litigation, Washington, D.C. for Amici Curiae.

Before LUCERO, KELLY, and MATHESON, Circuit Judges.

Plaintiff-Appellant Market Synergy Group appeals from the district court's judgment in favor of Defendant-Appellee United States Department of Labor. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

Background

This case stems from the Department of Labor...

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