# American Federation of Labor and Congress of Industrial Organizations v. Alfred E. Kahn, Chairman, Council on Wage and Price Stability

> Court of Appeals for the D.C. Circuit · September 14, 1979 · 618 F.2d 784

URL: https://www.frixlaw.com/law-library/cases/9466638

## Case

- **Full name:** AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS Et Al. v. Alfred E. KAHN, Chairman, Council on Wage and Price Stability, Et Al., Appellants
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** September 14, 1979
- **Citations:** 618 F.2d 784; 199 U.S. App. D.C. 300
- **Precedential status:** Published
- **Opinion:** Concurrence by Tamm
- **Judges:** Wright, Bazelon, McGowan, Tamm, Leven-Thal, Robinson, MacKinnon, Robb, Wilkey, Robb'S
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9466638

## How later opinions describe it (automated extraction)

- stating that statutory grants of authority to the President “must be exercised consistently with the structure and purposes of the statute that delegates that power”
- holding that FPASA authorized the president to require government contractors to comply with price and wage controls
- holding that FPASA authorized the president to require contractors to comply with price and wage controls
- applying the “close nexus” test in resolving a Procurement Act case
- holding claim barred by misrepresentation exception where the government vouched for a fraudster and plaintiff invested and lost his money

## Opinion text

TAMM, Circuit Judge,
concurring:
I concur in Judge Wright’s opinion for the court. Lest we later be construed as having broadly interpreted the Procurement Act, I write separately only to emphasize my belief that the opinion we issue today is a narrow one. It does not allow the President to exercise powers that reach beyond the Act’s express provisions. In my view, the decision to uphold Executive Order 12092 is predicated upon the close nexus between the purpose of the voluntary guidelines and the goal of the Act to secure economy and efficiency in federal procurement.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466638. Public record. Not legal advice.