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ACOSTA v. JANI-KING OF OKLAHOMA, INC.

No. 17-6179.

905 F.3d 1156 (2018)

R. Alexander ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. JANI-KING OF OKLAHOMA, INC., a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 3, 2018.

Attorney(s) appearing for the Case

Dean A. Romhilt , Senior Attorney ( Kate S. O'Scannlain , Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, and Paul L. Frieden , Counsel for Appellate Litigation, with him on the briefs), United States Department of Labor, Office of the Solicitor, Washington, D.C., for Plaintiff-Appellant.

Aaron D. Van Oort , Faegre Baker Daniels LLP, Minneapolis, Minnesota ( John T. (Ted) Koehler , Faegre Baker Daniels LLP, Denver, Colorado, and Stacy R. Obenhaus , Gardere Wynne Sewell, Dallas, Texas, with him on the brief) for Defendant-Appellee.

Before LUCERO, McKAY, and MORITZ, Circuit Judges.

This appeal arises out of the district court's dismissal with prejudice of the Secretary of Labor's complaint against Jani-King of Oklahoma, Inc. For the reasons below, we reverse.

Jani-King is a janitorial company providing cleaning services in the Oklahoma City area. The...

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