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CARPET, LINOLEUM & RESILIENT TILE, ETC. v. BROWN

No. 79-2083.

656 F.2d 564 (1981)

CARPET, LINOLEUM AND RESILIENT TILE LAYERS, LOCAL UNION NO. 419, BROTHERHOOD OF PAINTERS AND ALLIED TRADES, AFL-CIO, an unincorporated association, and Colorado Building and Construction Trades Council, AFL-CIO, an unincorporated association, Plaintiffs-Appellants, v. Harold BROWN, Secretary of Defense; Joel W. Solomon, Administrator of the General Services Administration; John F. Forrest, Commanding General, U. S. Army, Fort Carson, Colorado; P. J. Menardi, Regional Administrator, General Services Administration; Philip A. Deffer, Commander, U. S. Army, Fitzsimons Army Medical Center; and Ray Marshall, Secretary of Department of Labor, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided July 30, 1981.

Attorney(s) appearing for the Case

David Jonathan Cohen of Barr & Peer, Washington, D. C. (David S. Barr of Barr & Peer, Washington, D. C. and Martin D. Buckley of Hornbein, MacDonald, Fattor & Buckley, Denver, Colo., with him on the brief), for plaintiffs-appellants.

C. Scott Crabtree, Asst. U. S. Atty., D. Colorado, Denver, Colo. (Joseph F. Dolan, U. S. Atty., Denver, Colo. and William A. Aileo, Major, Dept. of the Army, Washington, D. C., of counsel, with him on the brief), for defendants-appellees.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Plaintiffs brought suit to compel defendants to comply with the Davis-Bacon Act, 40 U.S.C. § 276a et seq., the Service Contract Act of 1965, 41 U.S.C. §§ 351-58, and the regulations promulgated under these Acts, 29 C.F.R. §§ 5-8, 41 C.F.R. §§ 1-12.900-.905-11.1 Plaintiffs allege that defendants have failed to perform their duty to prevent violations of these laws.

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