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COM. OF VA., EX REL. COM'R., ETC. v. MARSHALL

No. 78-1885.

599 F.2d 588 (1979)

COMMONWEALTH OF VIRGINIA, ex rel. COMMISSIONER, VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION, Plaintiff-Appellant, v. Ray MARSHALL, Secretary, United States Department of Labor, Defendant-Appellee, and Washington Building and Construction Trades Council, Defendant-Intervenor-Appellee, American Road and Transportation Builders Association, Associated Builders and Contractors, Inc., and Associated General Contractors of America, Inc., Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 30, 1979.

Attorney(s) appearing for the Case

Walter A. McFarlane, Deputy Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen., John J. Beall, Jr., John M. McCarthy and Debra J. Prillaman, Asst. Attys. Gen., Richmond, Va., with him on the briefs), for plaintiff-appellant.

Mauricio A. Flores, Federal Programs Branch, Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Ronald R. Glancz, App. Staff, Dept. of Justice, Carin Ann Clauss, Sol. of Labor, Ronald G. Whiting, Associate Sol. and Gail V. Coleman, Atty., Dept. of Labor, Washington, D. C., with him on the brief), for defendant-appellee.

Terry R. Yellig (Thomas X. Dunn and Sherman, Dunn, Cohen & Leifer, Washington, D. C., with him on the brief), for defendant-intervenor-appellee.

Robert J. Hickey, Peter G. Kilgore and Kirlin, Campbell & Keating, Washington, D. C., submitted on the brief for amici curiae.

Before BREITENSTEIN, RUSSELL and WIDENER, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This appeal of the Commonwealth of Virginia challenges a wage rate determination by the Secretary of Labor made pursuant to the Federal-Aid Highway Act, 23 U.S.C. § 113 and the Davis-Bacon Act, 40 U.S.C. § 276a. The district court decided in favor of the Secretary and dismissed the action. We affirm.

Proceeding under the Federal-Aid Highway Act, 23 U.S.C. § 101, et seq., Virginia applied to the Secretary of Transportation...

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