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R.D. ANDERSEN CONSTR. v. KAN. DEPT. OF HUMAN RES.

No. 53,623

7 Kan. App. 2d 453 (1982)

643 P.2d 1142

R.D. ANDERSEN CONSTRUCTION COMPANY, INC. A Kansas Corporation, Appellee, v. KANSAS DEPARTMENT OF HUMAN RESOURCES, DR. HARVEY LUDWICK, Secretary; JERRY ABBOTT, Director, Division of Labor Management Relations and Employment Standards; DON W. BRUNER, Employment Standards Administrator, Employment Standards Section; PATRICIA L. CASEY, Chief of Appeals, Employment Security Division, Appellants.

Court of Appeals of Kansas.

Petition for review denied September 17, 1982.

Attorney(s) appearing for the Case

Russell J. Lindgren and J. Marcus Goodman, Kansas Department of Human Resources, Topeka, for appellants.

Stewart L. Entz, of Colmery, McClure, Funk, Letourneau & Entz, of Topeka, for appellee.

Before REES, P.J., MEYER, J., and RICHARD W. WAHL, District Judge Assigned.

WAHL, J.:

On November 26, 1979, one Dan D. Neely filed a claim for wages form with the Kansas Department of Human Resources (appellants) seeking the difference between what he was paid by R.D. Andersen Construction Company, Inc. (appellee), on a public works project, and what he contended was due to him as "the current rate of per diem wages" under K.S.A. 44-201, the eight-hour day on public work law. The claim for wages was served upon the appellee on December 6...

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