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RITCHIE PAVING, INC. v. KANSAS DEPT. OF TRANSPORTATION

No. 54,163

232 Kan. 346 (1982)

654 P.2d 440

RITCHIE PAVING, INC., DIVISION OF RITCHIE CORPORATION, INC., a Kansas corporation; and UTILITY CONTRACTORS, INC., a Kansas corporation, Appellants, v. KANSAS DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Kansas.

Opinion filed December 3, 1982.

Attorney(s) appearing for the Case

William G. Haynes, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause, and Anne L. Baker, of the same firm, was with him on the briefs for appellants.

Dan Watkins, chief counsel for the department of transportation, argued the cause, and Kris P. Thompson, staff attorney for the department of transportation, was with him on the briefs for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is a declaratory judgment-injunction action originally brought by five construction firms claiming the defendant Kansas Department of Transportation violated K.S.A. 44-201 by specifying, on wholly state-funded highway projects, payment of federal Davis-Bacon prevailing wage rates [40 U.S.C. § 276a(a) and (b) (1976)]. Plaintiffs Ritchie Paving, Inc...

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