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BABLER BROS., INC. v. ROBERTS

Civ. No. 90-1119-FR.

761 F.Supp. 97 (1991)

BABLER BROS., INC., an Oregon corporation, and Oregon-Columbia Chapter of the Associated General Contractors of America, Inc., an Oregon non-profit corporation, Plaintiffs, v. Mary Wendy ROBERTS, in her official capacity as Commissioner of the Bureau of Labor and Industries, and Robert N. Bothman, in his official capacity as Director of the Oregon Department of Transportation, Defendants.

United States District Court, D. Oregon.

April 3, 1991.

Attorney(s) appearing for the Case

Bruce C. Hamlin, Richard N. Van Cleave, Lane Powell Spears Lubersky, Portland, Or., for plaintiffs.

Dave Frohnmayer, Atty. Gen., William F. Cloran, Asst. Atty. Gen., Salem, Or., for defendants.

OPINION

FRYE, District Judge:

Plaintiffs seek an order of this court declaring that O.R.S. 279.334(3) is constitutionally invalid in that it is preempted by the National Labor Relations Act, as amended, 29 U.S.C. §§ 151 et seq. (NLRA), and violates plaintiffs' rights under the equal protection clause of the Fourteenth Amendment to the United States Constitution.

Defendants contend that plaintiffs have no standing to bring this action...

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