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KITSON BROS., INC. v. DEPT. OF LABOR & IND.

No. 2828 C.D. 1978.

51 Pa.Commw. 320 (1980)

Kitson Brothers, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Labor & Industry, Prevailing Wage Division, Respondent.

Commonwealth Court of Pennsylvania.

May 9, 1980.

Attorney(s) appearing for the Case

R. Michael Carr, with him Stephen J. Springer, LaBrum & Doak, for petitioner.

Sandra Christianson, with her Neil Hirsch, Assistant Attorneys General and Charles S. Solit, General Counsel, for respondent.

Argued February 6, 1980, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, BLATT, CRAIG and MacPHAIL. Judges ROGERS and WILLIAMS, JR. did not participate.

OPINION BY JUDGE MENCER, May 9, 1980:

Kitson Brothers, Inc. (petitioner) appeals from an order of the Pennsylvania Prevailing Wage Appeals Board (Board) which affirmed the decision of the Secretary of Labor and Industry that petitioner had intentionally violated Section 5 of the Pennsylvania Prevailing Wage Act (Act), Act of August 15, 1961, P.L. 987, 43 P.S. § 165-5. We reverse.

Petitioner was awarded a contract by the Department of Property and Supplies...

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