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METRO. SERVICE DIST. v. TIGARD ELECTRIC, INC.

C89-1112CV; CA A65879.

829 P.2d 727 (1992)

112 Or. App. 492

METROPOLITAN SERVICE DISTRICT, Portland Public Schools, Pacific Communities Hospital District, ex rel Mary Wendy Roberts, Commissioner of Bureau of Labor and Industries, Appellants, v. TIGARD ELECTRIC, INC., an Oregon corporation, Ohio Casualty Insurance Co., The American Insurance Co., Fireman's Fund Insurance Co., Respondents.

Court of Appeals of Oregon.

Decided April 22, 1992.

Attorney(s) appearing for the Case

Harrison Latto, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Thomas J. Murphy, Tigard, argued the cause for respondent Tigard Electric, Inc. With him on the brief were Michael J. Scott and Furrer & Scott, Tigard.

Janet M. Schroer, Portland, argued the cause for respondents Ohio Cas. Ins. Co., The American Ins. Co. and Fireman's Fund Ins. Co. With her on the brief were Jill S. Gelineau, William D. Peek and Schwabe, Williamson & Wyatt, Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

DEITS, Judge.

Plaintiffs are public bodies and the Commissioner of the Bureau of Labor and Industries (BOLI). Defendant Tigard Electric, Inc. (Tigard) performed work as a subcontractor for the public bodies. The other defendants were Tigard's sureties on the projects. BOLI brought this action, alleging that Tigard paid various employees on the projects less than required by the prevailing wage rate statutes. ORS 279.348 to ORS 279.365. BOLI's first and third claims...

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