TOPEKA BLDG. & CONSTRUCTION TRADES COUNCIL v. LEAHY

No. 41,939

187 Kan. 112 (1960)

353 P.2d 641

THE TOPEKA BUILDING AND CONSTRUCTION TRADES COUNCIL, et al., Appellants, v. DAVID D. LEAHY, Director, Forestry, Fish and Game Commission of the State of Kansas; BROWN BROTHERS CONSTRUCTION COMPANY, INC., et al., Appellees.

Supreme Court of Kansas.

Opinion filed July 2, 1960.


Attorney(s) appearing for the Case

Floyd E. Gehrt, of Topeka, argued the cause, and George E. McCullough, Robert L. Kimbrough, W.L. Parker, Jr., Walter N. Scott, and Robert B. Wareheim, all of Topeka, were with him on the briefs for the appellants.

Robert E. Hoffman, assistant attorney general, argued the cause, and John Anderson, Jr., attorney general, was with him on the briefs for appellees Leahy, Salome, Knouft, Shapiro, and Smith.

Charles D. Green, of Manhattan, argued the cause, and Charles S. Arthur, of Manhattan, was with him on the briefs for the appellee Brown Brothers Construction Company.


The opinion of the court was delivered by

JACKSON, J.:

A mandamus proceeding was begun in the court below by the appellants against various state officials and the Brown Brothers Construction Company. Appellants allege that the suit is brought to compel payment of the current rate of per diem wages in accordance with G.S. 1949, 44-201 and 44-203. The parties defendant filed motions to quash the alternative writ which were sustained by the district court, and...

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