Legal Opinion

Mosley v. Starr Electric Co.

District Court, E.D. Tennessee

Decided February 24, 1981No. CIV-2-80-97PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The threshold issue presented herein is whether § 1 of the Davis-Bacon Act, 40 U.S.C. § 276a, creates impliedly a private right of action in favor of wage-earners aggrieved by a violation of that act. The courts of appeals which have considered this question are divided, such court for the Seventh Circuit having answered in the affirmative,1 and the court for the Fifth Circuit in the negative.2 The same as the magistrate who recommended that the motion of the defendant for a summary judgment herein be granted, the undersigned finds the holding…

2Cases cited6 opinions

  1. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  2. Clinton C. Simpson v. Reynolds Metals Company, Inc.Court of Appeals for the Seventh Circuit · 1980
  3. The United States of America for the Benefit of and on Behalf of Matthew Glynn v. Capeletti Brothers, Inc., a Florida CorporationCourt of Appeals for the Fifth Circuit · 1980
  4. Louis Allen McDaniel Jr. v. The University of Chicago and Argonne, a CorporationCourt of Appeals for the Seventh Circuit · 1977
  5. Louis Allen McDaniel Jr. v. The University of Chicago and Argonne, a CorporationCourt of Appeals for the Seventh Circuit · 1975

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Majstrovic v. R. Maric Piping, Inc.New York Supreme Court · 1997
  2. Peatross v. Global AssociatesDistrict Court, D. Hawaii · 2000

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