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WHEELER v. GRACO TRUCKING CORP.

No. 91-2040.

985 F.2d 108 (1993)

Sherman WHEELER v. GRACO TRUCKING CORPORATION, Teamsters Local Union #312, General Teamsters, Chauffeurs, Helpers & Yardmen, Local #470, Edward Conhaim, Graco Trucking Corporation and Edward Conhaim, Appellants.

United States Court of Appeals, Third Circuit.

Decided January 22, 1993.

Sur Petition for Rehearing February 18, 1993.

Attorney(s) appearing for the Case

Martin R. Lentz and Gary D. Fry (argued) (Pelino & Lentz, P.C., of counsel), Philadelphia, PA, for appellants, Graco Trucking Corp. and Edward Conhaim.

Doris J. Dabrowski (argued), Philadelphia, PA, for appellee, Sherman Wheeler.

William A. Isokait, Associated Gen. Contractors of America, Washington, DC, for amicus curiae, Associated Gen. Contractors of America.

Terry R. Yellig, Robert D. Kurnick and Martin J. Crane, Sherman, Dunn, Cohen, Leifer & Yellig, Washington, DC, for amicus curiae, Bldg. and Constr. Trades Dept., AFL-CIO.

Before: HUTCHINSON, ALITO, and SEITZ, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

This is an appeal from a district court decision holding that Graco Trucking Corporation (Graco) and a Graco officer were required to pay a former employee, Sherman Wheeler, the wages specified by the Federal-Aid Highway Act, 23 U.S.C. § 113(a) (1988), as well as liquidated damages, counsel fees, and expenses. We reverse, but we do not reach the question concerning the interpretation of the Federal-Aid Highway...

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