Court of Appeals for the Ninth Circuit March 5, 2003, Nos. 01-17300, 02-15187 (United States ex rel. Local 342 Plumbers & Steamfitters v. Dan Caputo Co.)

NOONAN, Circuit Judge.

Dan Caputo Co., et al., (“Caputo”) and C.W. Roen Construction Co., et al., (“Roen”) were each sued in separate cases by, respectively, Local Union No. 342 and Local Union No. 38 of the Plumbers and Steamfitters (“the Union”) for failure to pay the prevailing wage rate as required by the Davis-Bacon Act, 31 U.S.C. § 3729(a)(2) and the Copeland Act, 40 U.S.C. §§ 276a and 276c.