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D. D. AKINS, INC. v. DEPT. OF LABOR & IND.

No. 377 C.D. 1974.

16 Pa.Commw. 191 (1974)

Dale D. Akins, Inc., Appellant, v. Commonwealth of Pennsylvania, Department of Labor and Industry, Appellee.

Commonwealth Court of Pennsylvania.

December 19, 1974.

Attorney(s) appearing for the Case

Thomas E. Waters, Jr., with him Donald J. Martin and, of counsel, Waters, Fleer, Cooper & Gallager, for appellant.

Herbert B. Barnes, with him David L. Kurtz, Deputy Attorney General, Lawrence Silver, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Jerome H. Gerber, with him Handler, Gerber and Weinstock, for Pennsylvania Building Trades Council, amicus curiae.

Argued December 5, 1974, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, December 19, 1974:

The narrow issue presented in this case is whether the record supports the finding of the Secretary of Labor and Industry, as recommended by the hearing examiner, and as affirmed by the Pennsylvania Prevailing Wage Appeals Board, that the appellant corporation was guilty of an intentional failure to pay prevailing wage rates. The appellant does not now contest...

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