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INDUSTRIAL COMMISSION v. C & D PIPELINE

No. 1 CA-CIV 3727.

125 Ariz. 64 (1979)

607 P.2d 383

The INDUSTRIAL COMMISSION of Arizona; Harry G. Kelley; O.E. Eagleton, Appellants and Cross-Appellees, v. C & D PIPELINE, INC., an Arizona Corporation; Tom Draper; Ed Smith Air Conditioning & Heating Co., an Arizona Corporation, Appellees and Cross-Appellants.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied February 12, 1980.

Reviews Denied March 4, 1980.

Attorney(s) appearing for the Case

John H. Budd, Jr., Chief Counsel, The Industrial Commission of Ariz. by James L. Stevenson, Calvin Harris, Phoenix, for appellants and cross-appellees.

Shimmel, Hill, Bishop & Gruender, P.C., by Daniel F. Gruender, John M. Randolph, Francis F. Sulley, Phoenix, for appellees and cross-appellants.

OPINION

WREN, Presiding Judge.

This appeal and cross appeal raise the constitutionality of A.R.S. § 34-324(A) of the Arizona Public Works Act, A.R.S. § 34-321, et seq., better known as the "Little Davis-Bacon Act." The questioned statute charges the Industrial Commission with the responsibility of setting a general prevailing rate of per diem wages which contractors on state public works projects must pay...

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