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ANDERSEN CONSTRUCTION CO. v. CITY OF TOPEKA

No. 51,245

228 Kan. 73 (1980)

612 P.2d 595

R.D. ANDERSEN CONSTRUCTION CO., INC., Appellant, v. CITY OF TOPEKA, KANSAS, a Municipal Corporation, Appellee, and TOPEKA BUILDING AND CONSTRUCTION TRADES COUNCIL, Intervenor-Appellee.

Supreme Court of Kansas.

Opinion filed June 14, 1980.

Attorney(s) appearing for the Case

Stewart L. Entz, of Colmery, McClure, Funk, Letourneau & Entz, of Topeka, argued the cause, and James R. Friend and John H. Stauffer, Jr., of the same firm, were with him on the briefs for the appellant.

Douglas S. Wright, deputy city attorney, argued the cause, and Dan E. Turner, city attorney, was with him on the brief for the appellee. Steve A.J. Bukaty, of Blake & Uhlig, of Kansas City, argued the cause and was on the brief for intervenor-appellee.

The opinion of the court was delivered by

MILLER, J.:

The plaintiff, R.D. Andersen Construction Co., Inc., appeals from the final order of the Shawnee district court, vacating a temporary restraining order and denying the injunctive relief plaintiff sought. The primary issue is whether a city may specify, in its plans and specifications for a public building project, wage rates in excess of "the current rate of per...

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