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MIREE CONST. CORP. v. DOLE

No. 90-7143.

930 F.2d 1536 (1991)

MIREE CONSTRUCTION CORPORATION, Plaintiff-Appellant, v. Elizabeth DOLE, Secretary of United States Department of Labor, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 13, 1991.

Attorney(s) appearing for the Case

Braxton Schell, Jr., Bradley, Arant, Rose & White, Birmingham, Ala., for plaintiff-appellant.

Linda Carol Arnold, Atty., U.S. Dept. of Labor, Washington, D.C., Frank W. Donaldson, U.S. Atty., D. Wayne Rogers, Jr., Asst. U.S. Atty., Birmingham, Ala., for defendant-appellee.

Terry R. Yellig, Nora H. Leyland, Sherman, Dunn, Cohen, Leifer & Yellig, Washington, D.C., John L. Quinn, Longshore, Nakamura & Quinn, Birmingham, Ala., amicus curiae.

Before KRAVITCH and ANDERSON, Circuit Judges, and ATKINS, Senior District Judge.

KRAVITCH, Circuit Judge:

The Davis-Bacon Act requires contractors working on federally funded construction projects to pay their employees a wage that is not less than the prevailing wage for similarly situated employees in the locality. This wage can be paid in cash or in a combination of cash and fringe benefits. Miree Construction Corporation made certain contributions to a fringe benefit plan and took credit for these contributions when calculating its wage obligations...

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