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TENNESSEE ROADBUILDERS ASS'N v. MARSHALL

No. 77-3251-NA-CV.

446 F.Supp. 399 (1977)

TENNESSEE ROADBUILDERS ASSOCIATION et al. v. F. Ray MARSHALL, Secretary of Labor, et al.

United States District Court, M. D. Tennessee, Nashville Division.

December 12, 1977.

Attorney(s) appearing for the Case

Don L. Smith, Manier, White, Herod, Hollabaugh & Smith, Nashville, Tenn., for plaintiffs.

Hal D. Hardin, U. S. Atty., William H. Farmer, Asst. U. S. Atty., Marvin M. Tincher, Regional Counsel, Dept. of Labor, Nashville, Tenn., for defendants.

MEMORANDUM

MORTON, Chief Judge.

Plaintiffs, an association of highway contractors and two highway construction companies, bring this action on behalf of themselves and other Tennessee contractors similarly situated. They complain that a minimum wage classification issued April 1, 1977, (42 Fed.Reg. 17,784 (1977)), by the Department of Labor pursuant to the Davis-Bacon Act, 40 U.S.C. §§ 276a-276a-5 [hereinafter "the Act"], is substantively in violation...

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