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OPERATING ENGINEERS LOCAL U. NO. 3, ETC. v. BOHN

Civil No. C-81-0022.

541 F.Supp. 486 (1982)

OPERATING ENGINEERS LOCAL UNION NO. 3 of the INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Plaintiff, v. George BOHN, Responsible Contracting Officer and Division Administrator of the United States Department of Transportation, Federal Highway Administration; Andrew Lewis, United States Secretary of Transportation; C. V. Anderson, Responsible Contracting Officer and Assistant Administrator of the Utah Department of Transportation; W. W. Clyde Company, Defendants.

United States District Court, D. Utah, C. D.

June 11, 1982.

Attorney(s) appearing for the Case

James S. Lowrie, Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, P. H. McCarthy, Jr., John J. Davis, Jr., Vincent S. Camacho, McCarthy, Johnson & Miller, and Lawrence B. Miller, San Francisco, Cal., for plaintiff.

Brent D. Ward, U. S. Atty., and Lawrence J. Leigh, Asst. U. S. Atty., Salt Lake City, Utah, for defendants Bohn and Lewis.

Leland D. Ford, Asst. Atty. Gen., Salt Lake City, Utah, for defendant Anderson.

Richard O. Jones, Regional Counsel, Denver, Colo., for Federal Highway Administration.

MEMORANDUM DECISION AND ORDER

WINDER, District Judge.

This is an action for injunctive relief which seeks an order requiring defendants to incorporate the appropriate prevailing wage in a solicitation of bids for a highway construction project as required by the Davis-Bacon Act, 40 U.S.C. § 276a. As the present posture of the case is rather unusual and critical to the issues before the court, a short recitation of the background facts is appropriate...

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