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BLDG. & CONST. TRADES v. DEPT. OF LABOR WAGE APPS.

No. 86-5229.

829 F.2d 1186 (1987)

BUILDING & CONSTRUCTION TRADES DEPARTMENT, AFL-CIO v. U.S. DEPARTMENT OF LABOR WAGE APPEALS BOARD, et al. Midway Excavators, Inc., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 2, 1987.

Attorney(s) appearing for the Case

Edward E. Shumaker III, Concord, N.H., for appellant.

Terry R. Yellig, Washington, D.C., for appellee.

G. Brockwel Heylin was on the brief for amicus curiae, Associated General Contractors of America, Inc., urging the reversal.

Joseph E. diGenova, U.S. Atty., R. Craig Lawrence, Rebecca L. Ross and Royce C. Lamberth, Asst. U.S. Attys., Washington, D.C., entered appearances for Dept. of Labor Wage Appeals Bd.

Before EDWARDS and STARR, Circuit Judges, and SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

SWYGERT, Senior Circuit Judge.

This case raises the question whether material delivery truck drivers employed by a construction contractor working on federal projects are covered by the Davis-Bacon Act, 40 U.S.C. § 276a et seq.1 Workers covered by the Act are entitled to the prevailing Davis-Bacon wage rate. We affirm the district court's decision holding that regulation 29 C.F.R. § 5.2(j) applies to include the truck...

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