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SHARIFI v. YOUNG BROS., INC.

No. 10-92-001-CV.

835 S.W.2d 221 (1992)

Nasser SHARIFI, Appellant, v. YOUNG BROTHERS, INC., Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied August 19, 1992.

Attorney(s) appearing for the Case

Thomas L. Kolker, Greenstein & Kolker, Austin, for appellant.

Beverly Willis Bracken, John T. Hawkins, Naman, Howell, Smith & Lee, P.C., Waco, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, J J.

OPINION

THOMAS, Chief Justice.

Article 5159a, the so-called "Texas Davis-Bacon Act," requires contractors and subcontractors employing laborers, workmen, and mechanics "in the execution of any contract or any contracts for public works" to pay the prevailing wage rate. Tex.Rev.Civ.Stat.Ann. art. 5159a, § 1 (Vernon 1987). The question presented is whether a truck driver delivering construction materials from a contractor's storage facility to a highway...

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