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GIBBS CONST. CO. v. STATE, DEPT. OF LABOR

No. 88-C-0145.

540 So.2d 268 (1989)

GIBBS CONSTRUCTION COMPANY, INC. v. STATE of Louisiana, DEPARTMENT OF LABOR. INTERIOR SYSTEMS OF LOUISIANA, INC. v. COMMISSIONER OF LABOR, STATE OF LOUISIANA.

Supreme Court of Louisiana.

March 13, 1989.

Attorney(s) appearing for the Case

Joanna B. Wilson, Baton Rouge, for applicant.

G. Phillip Shuler, III, Dona J. Dew, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, Thomas E. Gibbs, Baton Rouge, for respondents.

Davis B. Allgood, Gary, Field, Landry & Dornier, Baton Rouge, amicus curiae for Milton J. Womack, Inc.

COLE, Justice.

We granted rehearing in this matter to consider two related questions: 1) whether the Louisiana Prevailing Wage Statute (PWS)1 must be strictly construed as a penal statute; and 2) if so, whether a strict reading supports our previous conclusion that the Louisiana Department of Labor (DOL) is empowered to render and enforce a money judgment against a contractor when there has been no retainage of contract funds. We conclude...

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