Civ. A. No. 84-0705 (WBB).

747 F.Supp. 26 (1990)

BUILDING & CONSTRUCTION TRADES DEPARTMENT, AFL-CIO, Plaintiff, v. Ann B. McLAUGHLIN, Secretary of Labor, et al., Defendants, Midway Excavators, Inc., et al., Intervenors.

United States District Court, District of Columbia.

August 17, 1990.

Attorney(s) appearing for the Case

Terry R. Yellig, Sherman, Dunn, Cohen, Leifer & Counts, Washington, D.C., for Bldg. and Const. Trades Dept.

Michael J. Ryan and Daniel Bensing, Asst. U.S. Atty., Washington, D.C., for U.S. Dept. of Labor Wage Appeals Bd. and Raymond J. Donovan, Secretary U.S. Dept. of Labor.

Stephen R. Lohman, Washington, D.C., for Midway Excavators, Inc. and King Town Transp., Inc.

G. Brockwel Heylin, Associated Gen. Contractors of America, Washington, D.C., for Associated Gen. Contractors of America, Inc., amicus curiae.

Maurice Baskin, Venable, Baetjer, Howard & Civiletti, Washington, D.C., for Associated Builders & Contractors, Inc., amicus curiae.


BRYANT, Senior District Judge.

Pursuant to the remand order of our Court of Appeals the court is required to determine whether the application of a Labor Department regulation which defines "work" covered under the Davis-Bacon Act and related Acts to include "transporting materials and supplies to or from the building or work by the employees of the contractor" is consistent with the intended coverage of the Act, which by its terms applies to...

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