William J. Lang Land Clearing, v. U.S. Dept. of Labor

Filing 920080806


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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 08a0472n.06 Filed: August 6, 2008 No. 07-2423 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT WILLIAM J. LANG LAND CLEARING, INC., Petitioner-Appellant, v. ADMINISTRATOR, WAGE & HOUR DIVISION, U.S. DEPARTMENT OF LABOR, AND, ADMINISTRATIVE REVIEW BOARD, U.S. DEPARTMENT OF LABOR, Respondents-Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN OPINION BEFORE: ROGERS, McKEAGUE, Circuit Judges; ADAMS, District Judge.* McKEAGUE, Circuit Judge. Petitioner William J. Lang Lang Clearing, Inc. ("Lang") challenges the district court's determination that the Department of Labor, Wage Appeals Board's (the "Board") decision, involving Lang's prevailing wage obligations on federally funded projects, was supported by substantial evidence, not arbitrary, capricious, or an abuse of discretion, and otherwise in accordance with the law. Lang appeals from the district court's grant of summary judgment in favor of respondents and against Lang. See William J. Lang Land Clearing, Inc., v. Adm'r, Wage and Hour Div., 520 F.Supp.2d 870 (E.D. Mich. 2007). The Honorable John R. Adams, United States District Judge for the Northern District of Ohio, sitting by designation. * No. 07-2423 William J. Lang Land Clearing, Inc. v. Admin., Wage & Hour Div. et. al. Upon our extensive review of the record, the applicable law, and the parties' briefs, we conclude that the district court properly granted summary judgment in favor of respondents and against Lang. Because issuing a full opinion would serve no jurisprudential purposes, we AFFIRM the judgment of the district court on the basis of the district court's opinion and order of September 29, 2007. 2

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