MITCHELL v. COVINGTON MILLS

Nos. 12650-12655.

229 F.2d 506 (1955)

James P. MITCHELL, Secretary of Labor, Appellant, v. COVINGTON MILLS, Inc., et al., Appellees. James P. MITCHELL, Secretary of Labor, Appellant, v. ALABAMA MILLS, Inc., et al., Appellees. NATIONAL ASSOCIATION OF COTTON MANUFACTURERS et al., Appellants, v. COVINGTON MILLS, Inc., et al., Appellees. NATIONAL ASSOCIATION OF COTTON MANUFACTURERS et al., Appellants, v. ALABAMA MILLS, Inc., et al., Appellees. TEXTILE WORKERS UNION OF AMERICA, CIO, Appellant, v. COVINGTON MILLS, Inc., et al., Appellees. TEXTILE WORKERS UNION OF AMERICA, CIO, Appellant, v. ALABAMA MILLS, Inc., et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 1, 1955.

Petition for Rehearing Denied January 10, 1956.

Writ of Certiorari Denied March 26, 1956.


Attorney(s) appearing for the Case

Messrs. Stuart Rothman, Solicitor, Department of Labor, of the bar of the Supreme Court of Minnesota, pro hac vice, by special leave of Court, and Edward H. Hickey, Attorney, Dept. of Justice, with whom Asst. Atty. Gen. Warren E. Burger, Miss Bessie Margolin, Assistant Solicitor, Dept. of Labor, and Mr. William A. Lowe, Attorney, Dept. of Labor, were on the brief, for appellant in Nos. 12650 and 12651.

Mr. Warren F. Farr, Boston, Mass., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of Court, with whom Mr. John W. Cragun, Washington, D. C., was on the brief, for appellants in Nos. 12652 and 12653. Mr. Robert W. Barker, Washington, D.C., also entered an appearance for appellants in Nos. 12652 and 12653.

Mr. David E. Feller, Washington, D. C., with whom Mr. Arthur J. Goldberg, Washington, D. C., was on the brief, for appellant in Nos. 12654 and 12655.

Messrs. Whiteford S. Blakeney, Charlotte, N. C., of the bar of the Supreme Court of North Carolina, pro hac vice, by special leave of Court, and W. Glen Harlan, Atlanta, Ga., with whom Mr. Llewellyn C. Thomas, Washington, D. C., was on the brief, for appellees.

Before EDGERTON, Chief Judge, and WASHINGTON and DANAHER, Circuit Judges.


Petition for Rehearing In Banc Denied January 10, 1956.

Writ of Certiorari Denied March 26, 1956. See 76 S.Ct. 546.

EDGERTON, Chief Judge.

The Walsh-Healey Public Contracts Act of 1936 provides that any government contract for more than $10,000 shall include a stipulation that all persons employed in manufacturing or furnishing goods under the contract will be paid "not less than the minimum wages as determined by the Secretary of Labor to be the prevailing...

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