MEMORANDUM
BARTLE, District Judge.
Plaintiff Atlantic Adjustment Co. ("Atlantic Adjustment") brings this mandamus action pursuant to 28 U.S.C. § 1361. It requests this court to order the Wage and Hour Division of the Department of Labor (the "Wage and Hour Division") to accept plaintiff's administrative appeal of a civil monetary penalty assessment. Before the court is the motion of the Wage and Hour Division to dismiss plaintiff's complaint...
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