WIRTZ v. BALDOR ELECTRIC COMPANY

No. 17770.

337 F.2d 518 (1964)

W. Willard WIRTZ, Secretary of Labor, Appellant, v. BALDOR ELECTRIC COMPANY et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 31, 1963.

Supplemental Opinion After Remand June 29, 1964.


Attorney(s) appearing for the Case

Mr. Howard E. Shapiro, Atty., Dept. of Justice, with whom Asst. Atty. Gen. John W. Douglas, Messrs. David C. Acheson, U. S. Atty., Charles Donohue, Sol., Dept. of Labor, Alan S. Rosenthal, Atty., Dept. of Justice, Miss Bessie Margolin, Asst. Sol., Dept. of Labor, and Mr. William A. Lowe, Atty., Dept. of Labor, were on the brief, for appellant. Messrs. Frank Q. Nebeker, Gil Zimmerman and William H. Willcox, Asst. U. S. Attys., also entered appearances for appellant.

Mr. Samuel W. Murphy, Jr., New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Edward R. Kenney, Washington, D. C., was on the brief, for appellees. Mr. John W. Martin, Jr., Washington, D. C., also entered an appearance for appellees.

Before BAZELON, Chief Judge, and WASHINGTON and WRIGHT, Circuit Judges.


WASHINGTON, Circuit Judge:

The Secretary of Labor appeals from a District Court order setting aside his determination, under the Walsh-Healey Public Contracts Act, 49 STAT. 2036-39, 41 U.S.C. §§ 35-45, of the prevailing minimum wage in the electrical motors and generators industry.1 The chief questions presented are whether the Secretary of Labor properly based his determination of the prevailing minimum wages in the industry...

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