SA-AG, INC. v. MINNESOTA DEPT. OF TRANSP.

No. CX-89-972.

447 N.W.2d 1 (1989)

SA-AG, INC., Respondent, v. MINNESOTA DEPARTMENT OF TRANSPORTATION, et al., Defendants, State of Minnesota, Appellant. DONOVAN CONTRACTING OF ST. CLOUD, INC., et al., Respondents, v. MINNESOTA DEPARTMENT OF TRANSPORTATION, et al., Defendants, State of Minnesota, Appellant.

Court of Appeals of Minnesota.

October 17, 1989.


Attorney(s) appearing for the Case

Wood R. Foster, Jr., Siegel, Brill, Greupner & Duffy, Minneapolis, for Sa-Ag, Inc.

Hubert H. Humphrey, III, Atty. Gen., Steven M. Gunn, Asst. Atty. Gen., St. Paul, for State of Minn.

Michael H. Daub, Minneapolis, for Donovan Contracting of St. Cloud, Inc., et al.

Stephen D. Gordon, Gordon, Miller & O'Brien, Minneapolis, for intervenor Teamsters Local 221.

Heard, considered and decided by NORTON, P.J., and LANSING and IRVINE, JJ.


OPINION

NORTON, Judge.

On November 30, 1988, the Minnesota Department of Transportation issued a statement, entitled General Addendum A (the addendum), to all bidders on state contracts. The addendum purported to explain which haulers of sand, gravel or stone to state highway construction projects would have to adhere to prevailing wage and hourly rates. Claiming that this addendum was an interpretation of Minn.Stat. § 177.44, subd. 2 (1988), respondents...

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