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ASSOCIATED BUILDERS AND CONTRACTORS, INC. v. CURRY

Nos. 92-16308, 92-16276.

68 F.3d 342 (1995)

ASSOCIATED BUILDERS AND CONTRACTORS, INC., Golden Gate Chapter; Golden Gate Chapter Associated Builders and Contractors Training Trust Fund; Golden Gate Chapter of Associated Builders and Contractors Bat Training Program, Plaintiffs-Appellants, v. James CURRY and Ronald T. Rinaldi, in their official capacities as Labor Commissioner of the State of California, and Director of Industrial Relations for the State of California, Defendants-Appellees, and Operating Engineers Joint Apprenticeship Committee; Carpenters 46 Northern California Counties Joint Apprenticeship and Training Committee; Northern California Cement Masons Joint Apprenticeship and Training Committee; California & Vicinity Field Iron Workers Joint Apprenticeship Committee, Intervenors-Appellees. WALTHER ELECTRIC COMPANY; Walther Electric Company Training Committee, Plaintiffs-Appellants, v. James CURRY and Ronald T. Rinaldi, in their official capacities as Labor Commissioner of the State of California, and Director of Industrial Relations for the State of California, Defendants-Appellees, and Operating Engineers Joint Apprenticeship Committee; Carpenters 46 Northern California Counties Joint Apprenticeship and Training Committee; Northern California Cement Masons Joint Apprenticeship and Training Committee; California & Vicinity Field Iron Workers Joint Apprenticeship Committee, Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 16, 1995.

Attorney(s) appearing for the Case

Mark R. Thierman, John W. Prager, Jr., and George P. Parisotto, Thierman Law Firm, San Francisco, California, for plaintiffs-appellants.

H. Thomas Cadell, Jr., Chief Counsel, Division of Labor Standards Enforcement, Department of Industrial Relations, San Francisco, California, for defendant-appellee James Curry.

John M. Rea, Chief Counsel, and James D. Fisher, Department of Industrial Relations, San Francisco, California, for defendant-appellee Ronald T. Rinaldi.

Victor Van Bourg, Blythe Mickelson, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, California, and Lawrence H. Kay, Stanton, Kay & Weston, Sacramento, California, for the intervenors-appellees.

Before: BEEZER and THOMPSON, Circuit Judges, and EZRA, District Judge.

EZRA, District Judge:

Appellants administer trainee programs approved by the Department of Labor's Bureau of Apprenticeship Training for Davis-Bacon Act public works projects. They sought and were denied approval for California public works projects by the California Apprenticeship Council. The district court held that the operation of California's prevailing wage statute, California Labor Code § 1720 et seq., to allow the payment of lower apprentice wages...

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