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E. E. BLACK, LTD. v. MARSHALL

Civ. No. 79-0132.

497 F.Supp. 1088 (1980)

E. E. BLACK, LTD., General Contractors Association of Hawaii, and Hawaii Employers Council, Plaintiffs, v. F. Ray MARSHALL, Secretary of the United States Department of Labor; Donald E. Elisburg, Assistant Secretary for Employment Standards of the Department of Labor; Weldon J. Rougeau, Deputy Assistant Secretary and Director, Office of Federal Contract Compliance Programs; and Carin A. Clauss, Solicitor of Labor, United States Department of Labor, Defendants.

United States District Court, D. Hawaii.

September 5, 1980.

Attorney(s) appearing for the Case

Jared H. Jossem, Barry W. Marr, Howard A. Matsuura,* Honolulu, Hawaii, for plaintiffs.

Melvin K. Soong, Asst. U. S. Atty., Walter M. Heen, U. S. Atty., Honolulu, Hawaii, Maimon Schwarzschild,** U. S. Dept. of Justice, Civil Rights Div., Washington, D. C., for defendants.

DECISION AND ORDER

SAMUEL P. KING, Chief Judge.

I. FACTS

This case of first impression involves the construction and interpretation of several sections of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. (1976 & Supp. III 1979), and appurtenant regulations. Section 503 of the Act, 29 U.S.C. § 793 (Supp. III 1979) (as amended) reads in pertinent part:

Any contract in excess of $2,500 entered into by any Federal...

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