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BODRICK v. MAYFAIR CONSTR. CORP.

38 N.Y.2d 926 (1976)

Freddie Bodrick et al., Respondents, v. Mayfair Construction Corp., Appellant.

Court of Appeals of the State of New York.

Decided February 26, 1976.

Attorney(s) appearing for the Case

Francis Bergan, Samuel Kirschenbaum and Thomas C. Lambert for appellant.

Milton Horowitz and Samuel Panzer for respondents.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum; Judge JASEN dissents and votes to reverse in an opinion in which Chief Judge BREITEL concurs in a separate dissenting memorandum.

MEMORANDUM:

The order of the Appellate Division should be affirmed and the certified question answered in the negative.

The regulations of subtitle A of title 29 of the Code of Federal Regulations, as adopted by the United States Secretary of Labor and existing during the period in question, evidenced a design and charting of course for the conduct of investigations and hearings in prevailing wage disputes only as...

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