DEPT. OF L. & IND. v. ALTEMOSE CONS. CO. ET AL.

Nos. 359 and 478 C.D. 1976.

28 Pa.Commw. 277 (1977)

Commonwealth of Pennsylvania, Department of Labor and Industry, Paul J. Smith, Secretary, Plaintiff v. Altemose Construction Company, a Pennsylvania Corporation, and J. Leon Altemose, President of Altemose Construction Company, Defendants. Commonwealth of Pennsylvania, Department of Labor and Industry, Paul J. Smith, Secretary, Plaintiff v. George J. Usuka, Individually, George S. Usuka, Individually, George J. Usuka and George S. Usuka, t/a Usuka Builders and Engineers, Defendants.

Commonwealth Court of Pennsylvania.

January 20, 1977.


Attorney(s) appearing for the Case

Herbert S. Cohen, Assistant Attorney General, with him Charles S. Solit, General Counsel, for plaintiff.

Kenneth R. Gilberg and Vincent J. Fumo, with them Pechner, Dorfman, Wolffe & Rounick; John W. Pelino; Max L. Lieberman; and Pelino, Wasserstrom, Chucas & Monteverde, for defendants.

Argued December 6, 1976, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.


OPINION BY JUDGE ROGERS, January 20, 1977:

The Commonwealth's Secretary of the Department of Labor and Industry (Secretary) has commenced two equity actions. The first, filed March 1, 1976 to No. 359 C.D. 1976, names the Altemose Construction Company and its president, Leon Altemose, (Altemose) as defendants,1 and the second, filed March 18, 1976 to No. 478 C.D. 1976, names as defendants George J. Usuka and George S. Usuka, individually...

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