MALE v. ERNEST RENDA CONTRACTING CO.


122 N.J. Super. 526 (1973)

301 A.2d 153

RAYMOND F. MALE, COMMISSIONER, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. ERNEST RENDA CONTRACTING CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND HILLSBOROUGH MUNICIPAL UTILITIES AUTHORITY, TOWNSHIP OF HILLSBOROUGH, COUNTY OF SOMERSET, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1973.


Attorney(s) appearing for the Case

Ms. Virginia Long Annich, Deputy Attorney General, argued the cause for appellant (Mr. John P. Sheridan, Jr., Deputy Attorney General, on the brief; Mr. George F. Kugler, Attorney General of New Jersey, attorney).

Mr. Raymond P. DeMarco argued the cause for defendant-respondent Ernest Renda Contracting Co., Inc. (Messrs. Romer & DeMarco, attorneys).

Mr. William P. Westling argued the cause for defendant-respondent, cross-appellant Township of Hillsborough Municipal Utilities Authority (Messrs. Imbriani and Westling, attorneys).

Mr. Thomas L. Parsonnet filed a brief on behalf of amicus curiae New Jersey State A.F.L.-C.I.O. (Messrs. Parsonnet, Parsonnet and Duggan, attorneys).

Mr. Anthony C. Meola filed a brief on behalf of amicus curiae New Jersey Building and Construction Trades Council, A.F.L.-C.I.O. (Messrs. Dunn and Pykon, attorneys).

Mr. Ronald L. Tobia filed a brief on behalf of amicus curiae Associated Independent Contractors.

Mr. Richard K. Rosenberg filed a brief on behalf of amicus curiae Utility Contractors Association of New Jersey, Inc. (Mr. Herbert R. Ezor on the brief; Messrs. Heller and Laiks, attorneys).

Before Judges LABRECQUE, KOLOVSKY and MATTHEWS.


The opinion of the court was delivered by MATTHEWS, J.A.D.

The Commissioner of Labor and Industry (Commissioner) instituted this action under N.J.S.A. 34:11-56.25 et seq., the Prevailing Wage Act (act), in the interest of employees of defendant Ernest Renda Contracting Co., Inc. (Renda), who performed work on a public works project contracted for by defendant Municipal Utilities Authority of the Township of Hillsborough, Somerset County (Authority)....

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