FIRELANDS SEWER & WATER CONSTRUCTION CO., INC., Plaintiff,
v.
Nicholas S. VALENTINE, Jr., Individually and in his capacity as Director of the Bureau of Public Works, Department of Labor of the State of New York, et al., Defendants,
Building Trades Council, Buffalo, New York and Vicinity, Defendant-Intervenor.
United States District Court, W. D. New York.https://leagle.com/images/logo.png
December 3, 1975.
December 3, 1975.
Attorney(s) appearing for the Case
Brown Maloney, Gallup, Roach & Busteed, P. C., Buffalo, N.Y. (Daniel T. Roach, and Joseph V. McCarthy, Buffalo, N.Y. of counsel), for plaintiff.
Louis J. Lefkowitz, Atty. Gen., for the State of New York (James L. Kennedy, Buffalo, N.Y., of counsel), for defendant Nicholas S. Valentine, Jr.
James M. Nesper, Buffalo, N.Y., for defendants Allen E. Dekdebrun, Councilmen and Special Improvement District.
Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N.Y. (Richard Lipsitz, Buffalo, N.Y., of counsel), for defendant-intervenor Building Trades Council.
United States District Court, W. D. New York.
CURTIN, Chief Judge.
This case poses the question of whether or not there is a conflict between New York Labor Law § 220(2-a)1 and 40 U.S.C. § 328.2 Section 220 (2-a) makes it a crime for any corporation contracting with a state or a municipal corporation in New York State to require more than eight hours work for a day's labor unless otherwise permitted by law. Section 328 provides that any laborer...
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