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NORTH GEORGIA BLDG. & CONST. TRADES v. GOLDSCHMIDT

No. 77-1581.

621 F.2d 697 (1980)

NORTH GEORGIA BUILDING AND CONSTRUCTION TRADES COUNCIL, Plaintiff-Appellant, v. Neil Edward GOLDSCHMIDT et al., Defendants, Maynard Jackson, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 15, 1980.

Attorney(s) appearing for the Case

Joseph Jacobs, James T. Langford, Harris Jacobs, Atlanta, Ga., Terry R. Yellig, Washington, D. C., for plaintiff-appellant.

Ferrin Y. Mathews, Atlanta, Ga., Murray F. Bahm, Bernard R. Thomas, Atlanta, Ga., for City of Atlanta defendants.

John D. Sours, Robt. O. Fleming, Jr., Atlanta, Ga., for Associate General Contractors of America, etc. & Georgia Highway Contractors Association.

Carin A. Clauss, Sol. of Labor, Alvin Bramow, Act. Associate Sol., Bobbye D. Spears, Regional Sol., Gail V. Coleman, Atty., Dept. of Labor, Washington, D. C., William L. Harper, U. S. Atty., Atlanta, Ga., Barbara A. Harris, Asst. U. S. Atty., Atlanta, Ga., for United States.

Thomas X. Dunn, Terry R. Yellig, Washington, D. C., for Building and Construction Trades Dept., AFL-CIO.

Before COLEMAN, Chief Judge, and RONEY and FAY, Circuit Judges.

RONEY, Circuit Judge:

In this case involving procedures for the determination of prevailing local wage rates under the Davis-Bacon Act, 40 U.S.C.A. §§ 276a-276a-5 for federally funded projects, we make three significant decisions. First, the Davis-Bacon Act and its regulations apply to a project which federal agencies and the builder anticipate will receive federal funding, even though federal funds have been neither formally applied for nor authorized...

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