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TRINITY INDUSTRIES, INC. v. HERMAN

No. 98-2129.

173 F.3d 527 (1999)

TRINITY INDUSTRIES, INCORPORATED, Plaintiff-Appellant, v. Alexis M. HERMAN, Secretary, United States Department of Labor; Jerome Geathers, in his official capacity as District Director, Charlotte District, Office of Federal Contract Compliance Programs, United States Department of Labor, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 12, 1999.

Attorney(s) appearing for the Case

ARGUED: David Michael Curtis, Gardere & Wynne, L.L.P., Dallas, Texas, for Appellant. Timothy John Moran, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Laurie Lamb, Gardere & Wynne, L.L.P., Dallas, Texas, for Appellant. Bill Lann Lee, Acting Assistant Attorney General, Dennis J. Dimsey, United States Department of Justice, Washington, D.C.; Henry Solano, Solicitor, James D. Henry, Associate Solicitor, Willie Alexander, for Litigation, Beverly Dankowitz, Assistant for Litigation, United States Department of Labor, Washington, D.C., for Appellees.

Before WILKINS, MOTZ, and KING, Circuit Judges.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The district court held that affirmative action reporting requirements generally applicable to a government contractor cover all of the contractor's facilities. The contractor appeals, contending that one of its facilities, which is assertedly autonomous and does not perform government contract work, is not subject to the reporting requirements. Because these requirements plainly apply to all facilities of a covered...

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