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ALEUTIAN CAPITAL PARTNERS, LLC v. SCALIA

No. 17-3810 August Term, 2018.

975 F.3d 220 (2020)

ALEUTIAN CAPITAL PARTNERS, LLC, Plaintiff-Appellant, v. Eugene SCALIA, sued in his official capacity, Secretary, United States Department of Labor, United States Department of Labor, Wage and Hour Division, United States Department of Labor Employment Standards Administration, United States Department of Labor, Administrator, United States Department of Labor Employment Standards Administration Wage and Hour Division United States Department of Labor, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 22, 2020.

Attorney(s) appearing for the Case

Christopher C. Heisenberg , Hinckley & Heisenberg LLP, New York, N.Y. ( Michael T. Stolper , The Stolper Group, P.A., New York, N.Y., on the brief), for Plaintiff-Appellant.

Benjamin H. Torrance , Assistant United States Attorney ( Natasha W. Teleanu , Assistant United States Attorney, on the brief), for Audrey Strauss , Acting United States Attorney for the Southern District of New York, New York, N.Y., for Defendants-Appellees.

Before: Pooler, Lohier, and Carney, Circuit Judges.

Aleutian Capital Partners, LLC ("Aleutian") appeals from the September 29, 2017 judgment of the United States District Court for the Southern District of New York (Ramos, J.) affirming a decision by the Administrative Review Board ("ARB") of the United States Department of Labor ("DOL"). In that decision, ARB ordered...

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