INDUSTRIAL UNION DEPARTMENT v. BARBER-COLMAN COMPANY

Nos. 18437, 18441.

348 F.2d 787 (1965)

INDUSTRIAL UNION DEPARTMENT, AFL-CIO, et al., Appellants, v. BARBER-COLMAN COMPANY et al., Appellees. W. Willard WIRTZ, Appellant, v. BARBER-COLMAN COMPANY et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 21, 1965.


Attorney(s) appearing for the Case

Mr. Michael H. Gottesman, Washington, D. C., with whom Messrs. David E. Feller and Jerry D. Anker, Washington, D. C., were on the brief, for appellants in No. 18437.

Miss Bessie Margolin, Asst. Sol., Dept. of Labor, with whom Messrs. Charles Donahue, Sol., Dept. of Labor, David C. Acheson, U. S. Atty., Sherman L. Cohn, Atty., Dept. of Justice, and Miss Sylvia S. Ellison, Atty., Dept. of Labor, were on the brief, for appellant in No. 18441.

Mr. Howard C. Westwood, Washington, D. C., with whom Miss Amy Ruth Mahin and Mr. R. Markham Ball, Washington, D. C., were on the brief, for appellees.

Messrs. James R. Patton, Jr., and F. Thomas Schornhorst, Washington, D. C., filed a brief on behalf of the Chamber of Commerce of the United States, as amicus curiae, urging affirmance.

Mr. C. William Taylor entered an appearance for appellee Bryant Chucking Grinder Co.

Before BAZELON, Chief Judge, and FAHY and BURGER, Circuit Judges.


BAZELON, Chief Judge:

The Walsh-Healey Public Contracts Act authorizes the Secretary of Labor to determine the "prevailing minimum wages"1 paid employees in an industry, so that such wages may be required by the Government in supply contracts within that industry. The purpose is to avoid competitive advantages for firms which pay substandard labor wages.2 In 1961, the Secretary instructed the Bureau of Labor...

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