CALIFORNIANS FOR SAFE DUMP TRUCK TRANSP. v. MENDONCA

No. 97-16026.

152 F.3d 1184 (1998)

CALIFORNIANS FOR SAFE AND COMPETITIVE DUMP TRUCK TRANSPORTATION; Lindeman Brothers, Inc.; Yuba Trucking, Inc., Plaintiffs-Appellants, v. Roberta E. MENDONCA; Lloyd W. Aubry, Jr.; James W. Van Loben Sels; California Department of Transportation; California Department of Industrial Relations; California Department of Labor, Defendants-Appellees, and International Brotherhood of Teamsters, AFL-CIO, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1998.


Attorney(s) appearing for the Case

Ellis Ross Anderson, Anderson, Donovan & Poole, San Francisco, California, for plaintiffs-appellants.

Miles E. Locker, Department of Industrial Relations, Irene B. Moy, Department of Transportation, San Francisco, California, for defendants-appellees.

Mary Lynne Werlwas, Scott A. Kronland, Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, California, for intervenor-defendant-appellee.

Before: SNEED and TROTT, Circuit Judges, and WALLACH, Judge.


SNEED, Circuit Judge:

The issue before us is whether the Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501 et seq. ("FAAA Act") preempts enforcement of California's Prevailing Wage Law, Cal. Lab.Code §§ 1770-80 ("CPWL"). We hold that it does not do so.

The language and structure of the FAAA Act does not evidence a clear and manifest intent on the part of Congress to preempt the CPWL. Although CPWL is not entirely unrelated...

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