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OPERATING ENG. LOC. U. NO. 3 OF INTERN. U. v. BOHN

No. 82-1924.

737 F.2d 860 (1984)

OPERATING ENGINEERS LOCAL UNION NO. 3 OF the INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Plaintiff-Appellant, v. George BOHN, Responsible Contracting Officer and Division Administrator of the United States Department of Transportation, Federal Highway Administration, Neil Goldschmidt, United States Secretary of Transportation, C.V. Anderson, Responsible Contracting Officer and Assistant Administrator of the Utah Department of Transportation, W.W. Clyde Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 21, 1984.

Attorney(s) appearing for the Case

John J. Davis, Jr., Salt Lake City, Utah (P.H. McCarthy, Jr. and Raphael Shannon, San Francisco, Cal., with him on the brief) of McCarthy, Johnson & Miller, San Francisco, Cal. (and Lawrence B. Miller, San Francisco, Cal., with him on the brief), for plaintiff-appellant.

Lawrence J. Leigh, Asst. U.S. Atty., Salt Lake City, Utah (Brent D. Ward, U.S. Atty., Salt Lake City, Utah, with him on the brief), for federal government defendants-appellees.

Leland D. Ford, Asst. Atty. Gen., Salt Lake City, Utah (David L. Wilkinson, Utah Atty. Gen., Salt Lake City, Utah, with him on the brief), for Utah state appellee C.V. Anderson.

Before SETH, Chief Judge, McKAY, Circuit Judge, and MECHEM, District Judge.

McKAY, Circuit Judge.

Plaintiff brought this action seeking injunctive relief and an order requiring defendants, state and federal authorities responsible for administering government construction contracts, to incorporate the appropriate prevailing wage in a solicitation of bids for a highway construction project as required by the Davis-Bacon Act, 40 U.S.C. § 276a et seq. (Supp. V 1981).

After the lawsuit was filed, defendants agreed to modify the contract...

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