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MATTER OF ARMCO DRAIN. & METAL PRODS. v. MOORE

285 A.D. 236 (1954)

In the Matter of Armco Drainage & Metal Products, Inc., Petitioner, v. Thomas F. Moore, Jr., as First Deputy Industrial Commissioner, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 31, 1954.

Attorney(s) appearing for the Case

Robert P. Knapp, Jr., of counsel (Breed, Abbott & Morgan, attorneys), for petitioner.

Philip Watson of counsel (Wendell P. Brown and Samuel A. Hirshowitz with him on the brief; Nathaniel L. Goldstein, Attorney-General), for respondents.

Edmond B. Butler of counsel (O'Connell & Butler, attorneys), for the International Hod Carriers' Building and Common Laborers' Union of America, amicus curiæ.

PECK, P. J., COHN and BOTEIN, JJ., concur with BREITEL, J.; CALLAHAN, J., dissents in part in opinion.

BREITEL, J.

In this article 78 proceeding, petitioner seeks to annul the determination of the State Industrial Commissioner fixing prevailing rate of wages pursuant to section 220 of the Labor Law. Petitioner is a contractor who was engaged, under written contract, to build a tunnel in Broome County as part of a State project. Involved is the classification and rate of pay of men who worked in digging the tunnel...

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