LIBERTY MUT. INS. CO. v. FRIEDMAN

No. 80-1078.

639 F.2d 164 (1981)

LIBERTY MUTUAL INSURANCE COMPANY, Liberty Mutual Fire Insurance Company, and Liberty Mutual Life Assurance Company of Boston, Plaintiffs-Appellants, v. Everett FRIEDMAN, Chief of the Insurance Compliance Staff, Social Security Administration; F. Ray Marshall, Secretary of Labor, United States Department of Labor; Weldon J. Rougeau, Director, Office of Federal Contract Compliance Programs; James Cardwell, Commissioner, Social Security Administration, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 9, 1981.


Attorney(s) appearing for the Case

Kalvin M. Grove, Chicago, Ill. (Jeffrey S. Goldman, Martin K. Denis, Fox & Grove, Chicago, Ill., John K. Dane, Boston, Mass., on brief), for appellants.

Joseph Scott, Civ. Div., Dept. of Justice, Washington, D. C. (Carin Clauss, Sol. of Labor, James D. Henry, Associate Sol., Louis G. Ferrand, Jr., Dept. of Labor, Alice Daniel, Asst. Atty. Gen., Washington, D. C., Russell T. Baker, Jr., U. S. Atty., Baltimore, Md., William Kanter, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for appellees.

Joel L. Finger, Barry Asen, Thomas C. Greble, Jackson, Lewis, Schnitzler & Krupman, New York City, on brief for American Ins. Assn., amicus curiae.

Edwin M. Zimmerman, William H. Allen, John B. Jones, Jr., Alex Kozinski, Covington & Burling, Washington, D. C., on brief for Alliance of American Insurers and Nat. Assn. of Independent Insurers, amicus curiae.

Thompson Powers, Martin D. Schneiderman, Christopher T. Lutz, John D. Bates, Steptoe & Johnson, and Douglas S. McDowell, McGuiness & Williams, Washington, D. C., on brief for Equal Employment Advisory Council, amicus curiae.

Before HAYNSWORTH, Chief Judge, and BUTZNER and PHILLIPS, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

Liberty Mutual Insurance Company and two related insurance companies (Liberty) challenge the district court's conclusion that defendant Rougeau1 validly issued a determination by letter that the companies are government subcontractors and thus subject to the recordkeeping and affirmative action requirements of Executive Order 11,246.2 We conclude that defendants' action...

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