Holloway Construction Co. v. United States Department of Labor

Plaintiff-appellant, Holloway Construction Company (appellant), appeals the decision of the district court dismissing its action seeking declaratory and injunctive relief. In dismissing appellant’s action, the district court sua sponte raised the doctrine of res judicata as a bar to further litigation of matters it had previously adjudicated. In the instant appeal, appellant challenged the district court’s authority to dismiss an action on res judicata grounds where the defendant-appellee, the United States Department of Labor (Department), had failed to plead res judicata as an affirmative…