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ASSOCIATED BUILDERS AND CONTRACTORS OF TEXAS GULF COAST v. U. S. DEPT. OF ENERGY

Civ. A. No. G-78-61.

451 F.Supp. 281 (1978)

The ASSOCIATED BUILDERS AND CONTRACTORS OF TEXAS GULF COAST, INC., and Gulf States, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF ENERGY and its secretary, James R. Schlesinger, Defendants.

United States District Court, S. D. Texas, Galveston Division.

May 17, 1978.

Attorney(s) appearing for the Case

Charles W. Stuber, Dallas, Tex., for plaintiffs.

Jack Shepherd, Asst. U. S. Atty., Houston, Tex., for defendants.

Michael L. Atkinson, Houston, Tex., for intervenor Houston Gulf Coast Building & Const. Trades Council.

MEMORANDUM OPINION

COWAN, District Judge.

The Issue

This case, which is currently before the Court after an evidentiary hearing upon plaintiffs' request for a preliminary injunction, presents this issue:

May the Executive Branch of the federal government constitutionally deprive the plaintiffs of their right (established by duly promulgated regulations of the Secretary of Labor) to an administrative appeal from an initial wage determination...

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