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RUTH ELKHORN COALS v. MITCHELL

No. 13569.

248 F.2d 635 (1957)

RUTH ELKHORN COALS, Inc., et al., Appellants, v. James P. MITCHELL, Secretary of Labor, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 19, 1957.

Petition for Rehearing Denied October 10, 1957.

Attorney(s) appearing for the Case

Mr. James M. Landis, Washington, D. C., with whom Mr. Wallace M. Cohen and Miss Selma M. Levine, Washington, D. C., were on the brief, for appellants.

Mr. Arthur H. Fribourg, Atty., Dept. of Justice, and Mr. William A. Lowe, Atty., Dept. of Labor, with whom Asst. Atty. Gen. George C. Doub and Mr. Paul A. Sweeney, Atty., Dept. of Justice, were on the brief, for appellee. Mr. Edward H. Hickey, Atty., Dept. of Justice, at the time the record was filed, also entered an appearance for appellee.

Before PRETTYMAN, FAHY and DANAHER, Circuit Judges.

FAHY, Circuit Judge.

Appellants constitute part of the bituminous coal industry. They filed suit in the District Court against the Secretary of Labor, appellee, seeking invalidation of a determination by the Secretary, made under the Walsh-Healey Public Contracts Act,1 of prevailing minimum wages in the industry. The effect of the determination considered with the Act is to require appellants...

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