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U.S. v. DAN CAPUTO CO.

No. 96-16563.

152 F.3d 1060 (1998)

UNITED STATES of America ex rel., Plaintiff, and Plumbers and Steamfitters Local Union No. 342, and Doyle Williams, Plaintiffs-Appellants, v. DAN CAPUTO CO.; D.W. Nicholson Corp.; Richard R. Rolla; Alex Groswird; Mary Cooper; John Lewis Nicholson, and Florence L. Johnson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated February 24, 1998.

Resubmitted May 28, 1998.

Memorandum Decided June 3, 1998.

Order and Opinion Decided August 24, 1998.

Attorney(s) appearing for the Case

John J. Davis, Jr., McCarthy, Johnson and Miller, San Francisco, California, for plaintiffs-appellants.

Stephen C. Tedesco, Littler Mendelson, San Francisco, California, for defendants-appellees.

Before: D.W. NELSON, REINHARDT, and WIGGINS, Circuit Judges.

ORDER

The memorandum disposition filed on June 3, 1998 is redesignated as per curiam opinion.

OPINION

PER CURIAM:

The district court dismissed the Union's False Claims Act complaint in order to allow the Department of Labor to "make[ ] its findings on the particular facts of this case, and rule[ ] on whether these defendants misclassified their employees for the purposes of the Davis-Bacon Act." In accordance with our request, the Department...

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