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ELECTRICAL JOINT APPRENTICESHIP COM. v. MacDONALD

Nos. 90-15095, 90-15395.

949 F.2d 270 (1991)

ELECTRICAL JOINT APPRENTICESHIP COMMITTEE; Sierra Nevada Chapter ABC Apprenticeship Trust Fund; Associated Builders and Contractors, Inc., Sierra Nevada Chapter, Plaintiffs-Appellees, v. Frank MacDONALD, in his official capacity as the Labor Commissioner of the State of Nevada, Defendant-Appellant. ASSOCIATED BUILDERS AND CONTRACTORS, INC., Sierra Nevada Chapter; Electrical Joint Apprenticeship Committee; Sierra Nevada Chapter ABC Apprenticeship Trust Fund, Plaintiffs-Appellees, v. Frank MacDONALD, Labor Commissioner of the State of Nevada, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 8, 1991.

Attorney(s) appearing for the Case

Robert A. Kirkman, Deputy Atty. Gen., Carson City, Nev., for defendant-appellant.

Mark R. Thierman, Thierman, Cook, Brown & Prager, San Francisco, Cal., for plaintiffs-appellees.

Marsha S. Berzon, Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, Cal., for amici.

Before HUG, and POOLE, Circuit Judges, and ATKINS, District Judge.

HUG, Circuit Judge:

In this action, the plaintiffs sought an injunction to prevent the Nevada Labor Commissioner from enforcing a provision of the Nevada prevailing wage statutes for state public works. The statutes require that employers contracting for construction on public works projects for any public body in the state agree to pay the prevailing wages in the county in which the public work is located. The statute provides an exemption for apprentice programs...

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