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DYAD CONST., INC. v. CITY OF PORTLAND

Civ. No. 91-47-FR.

765 F.Supp. 653 (1991)

DYAD CONSTRUCTION, INC., Plaintiff, v. CITY OF PORTLAND; State of Oregon; Mary Wendy Roberts, in her official capacity as Commissioner of the Bureau of Labor and Industries; and United States Department of Labor, Defendants.

United States District Court, D. Oregon.

June 12, 1991.

Attorney(s) appearing for the Case

Charles R. Holloway, III and Bryan P. Murphy, Tooze Shenker Holloway & Duden, Portland, Or., for plaintiff.

Office of the City Atty., Ruth Spetter, Deputy City Atty., Portland, Or., for defendant City of Portland.

Dave Frohnmayer, Atty. Gen., William F. Cloran, James H. Van Dyke, Asst. Attys. Gen., Salem, Or., for defendants the State of Or. and Mary Wendy Roberts.

Richard Thornburgh, U.S. Atty. Gen., Washington, D.C. and Charles H. Turner, U.S. Atty., Portland, Or., for defendant U.S. Dept. of Labor.

OPINION

FRYE, District Judge:

The matter before the court is the Amended F.R.C.P. Rule 12 Motions Against the Third Amended Complaint on Behalf of Defendants State of Oregon and Mary Wendy Roberts (# 15).

BACKGROUND

Plaintiff, Dyad Construction, Inc. (Dyad), is a non-union contractor who contracted with the City of Portland to construct a sewer. During the construction of the sewer, Dyad used a four-day, ten-hour-a-day work week. The City...

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