ASSOCIATED BUILDERS, ETC. v. STATE, ETC.

Nos. 52089, 52350.

628 P.2d 1156 (1981)

ASSOCIATED BUILDERS AND CONTRACTORS OF OKLAHOMA, an Oklahoma Non-Profit Corporation; Powell Construction Company, an Oklahoma Corporation; E.V. Cox Construction Co., Inc., an Oklahoma Corporation; Cooper Brothers, Inc., an Oklahoma Corporation; Republic Paving Co., Inc., an Oklahoma Corporation; Dudley Mitchell, an individual resident of Oklahoma County, Oklahoma; Roy Spradling, an individual resident of Oklahoma County, Oklahoma; I.V. Powell, Jr., an individual resident of Tulsa County, Oklahoma; Dan Cooper, an individual resident of Oklahoma County, Oklahoma; and Jimmie E. Cox, an individual resident of Oklahoma County, Oklahoma, Appellants, v. STATE of Oklahoma, ex rel., OKLAHOMA DEPARTMENT OF LABOR, and William E. Foster, the Commissioner of the Oklahoma Department of Labor, Appellees, and United Brotherhood of Carpenters and Joiners of America, Local Union No. 943, its members and Walter Stockton; et al., Intervenors-Appellees.

Supreme Court of Oklahoma.

April 28, 1981.


Attorney(s) appearing for the Case

Kothe, Nichols & Wolfe, Inc., Gerald G. Stamper, Jerry R. Nichols, Thomas P. Nally, Tulsa, for appellants.

Jan Eric Cartwright, Atty. Gen., John Paul Johnson, Asst. Atty. Gen., for appellees.

Maynard I. Ungerman, John B. Wimbish, Ungerman, Conner, Little, Ungerman & Goodman, Tulsa, for intervenors-appellees.


SIMMS, Justice.

These appeals arise from two orders of the trial court, consolidated before this Court, sustaining appellees' demurrers to appellants' amended petition. At issue are both the constitutionality of the Minimum Wages on Public Works Act, 40 O.S. 1971, § 196.1, et seq., and the applicability of the Administrative Procedures Act, 75 O.S. 1971, § 301, et seq., to prevailing wage determinations and rules...

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