Manufacturing Corporation have failed to establish that they are adversely affected or aggrieved. Therefore, they have no standing to sue.
5. This court concludes from paragraphs 6, 7, 8, 9 and 10 of the Findings of Fact herein that plaintiffs-appellees Baldor Electric Company, Holtzer-Cabot Corporation, Westinghouse Electric Corporation, The Louis Allis Company and the Northwestern Electric Company are adversely affected within the meaning of Section 10(b) of the Walsh-Healey Contracts Act, 41 U.S.C. § 43a(b), and have standing to sue. Specifically, the court concludes that said plaintiffs-appellees are manufacturers of electric motors and generators and are engaged in the industry to which the challenged wage determination of defendant applies; that electric motors and generators are purchased or are to be purchased by the United States government; that the said plaintiff-appellees pay wages to 'covered employees' which are less than the minimum wages specified in the wage determination of defendant; that the effect of the wage determination considered with the Walsh-Healey Act is to require plaintiffs-appellees, in any contract they might make with the Government to manufacture electric motors and generators in an amount exceeding $ 10,000, to stipulate to pay not less than the determined minimum wages to persons plaintiffs-appellees employ in manufacturing these articles,
and hence that the said plaintiffs-appellees are adversely affected, and have standing to contest the validity of defendant's wage determination. Ruth Elkhorn Coals v. Mitchell, 101 U.S.App. D.C. 313, 248 F.2d 635, cert. denied, 355 U.S. 953, 78 S. Ct. 539, 2 L. Ed. 2d 530.
Findings of Fact and Conclusions of Law as to plaintiffs' standing to sue having been entered herein pursuant to the remand of this case to this court by the United States Court of Appeals (W. Willard Wirtz, Appellant v. Baldor Electric Co. et al., Appellees, No. 17,770, Dec. 31, 1963), and this court having found that plaintiffs Baldor Electric Company, Holtzer-Cabot Corporation, Westinghouse Electric Corporation, The Louis Allis Company and Northwestern Electric Company have standing to sue and that the remaining plaintiffs do not have such standing, it is by the court this 28th day of February 1964:
1. The actions initiated by plaintiffs Baldor Electric Company, Holtzer-Cabot Corporation, Westinghouse Electric Corporation, The Louis Allis Company and Northwestern Electric Company are to stand but the actions initiated by the remaining plaintiffs are dismissed.
2. Defendant's determination of prevailing minimum wages in the motors and generators industry, as published on October 17, 1962 at page 10163 of the Federal Register (27 F.R. 10 163), is null and void and of no legal effect.
3. Defendant, his successors in office, and his and their agents and representatives, are hereby enjoined from enforcing or attempting to enforce said determination in any manner and with respect to any member of the motors and generators industry.
4. Defendant, within thirty (30) days following a final disposition of the appeal by the United States Court of Appeals, shall cause to be published in the Federal Register of the United States a copy of this Order (but not of the Findings of Fact or Conclusions of Law in connection therewith).
5. Pursuant to Order by the Court of Appeals, this Order is stayed pending final disposition of the appeal by that Court.