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3d Cir 9th Cir action administrative Affirmed agency agreement alleged amended appellee application argues attorney Atty Barham Bata Shoe Board Califano carrier cert charge Circuit Judge Cite as 595 claim Company complaint conspiracy constitutional contract Corp Court of Appeals Criminal Ct.Cl David Simon Davis-Bacon Act decision defendant defendant's denied determining dismissed district court District Judge employees enforcement evidence F.Supp fact federal court filed Government granted held injunction issue jurisdiction jury L.Ed liability limitation manufacturer ment methamphetamine motion parties patent pendent jurisdiction permit petitioner plaintiff Procedure prosecution provides pursuant reasonable record regulations remand res judicata rule S.Ct Seven-Up sion statute Statute of Frauds statutory suit summary judgment supra Supreme Court Table)—C.A.Cal Table)—C.A.Mich Table)—C.A.Ohio Table)—C.A.Tenn testimony tion trial court trial judge Umatilla County United States Court United States District USPQ violation witnesses