Bither v. Martin

995 F.2d 230 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kevin BITHER, as an individual, and doing business as: K.B. Bither Trucking, Inc., formerly known as: K.B. Bither Trucking Company; Barry Bither, as an individual, and doing business as: K.B. Bither Trucking, Inc., formerly doing business as: K.B. Bither Trucking Company, Plaintiffs-Appellants, v. Lynn MARTIN, Secretary of Labor; Charles A. Bowsher, Comptroller General, Defendants-Appellees. No. 92-55537. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 4, 1993. Decided May 27, 1993. Before: BROWNING, HUG, and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 The issue in this case is whether the Deputy Secretary of Labor properly debarred the Bithers from eligibility for government contracts for a three-year period pursuant to the Service Contract Act of 1965, 41 U.S.C. § 351 et seq. ("SCA"). The Deputy Secretary held that the Bithers were not eligible for relief from debarment under the…