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OHIO ASPHALT PAVING, INC v. OHIO DEPT. OF INDUS. RELATIONS

No. 90-2467.

63 Ohio St.3d 512 (1992)

OHIO ASPHLAT PAVING, INC., APPELLEE, v. OHIO DEPARTMENT OF INDUSTRIAL RELATIONS ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 22, 1992.

Attorney(s) appearing for the Case

Schottenstein, Zox & Dunn and Roger L. Sabo; Millisor & Nobil and John J. Krimm, Jr.; Zelkowitz, Barry & Cullers and Robert B. Weston, for appellee.

Lee I. Fisher, Attorney General, Dan E. Belville and Elizeabeth J. Birch, for appellants.

Benesch, Friedlander, Coplan & Aronoff, N. Victor Goodman and Mark D. Tucker, urging reversal for amicus curiae, Ohio State Building and Construction Trades Council.

SWEENEY, J.

The instant case presents this court with two issues concerning the interpretation of the prevailing wage statutes set forth in R.C. Chapter 4115: (1) whether a contractor may be liable to pay the prevailing wage to its employees under a public improvement contract, even where the public employees fails to include prevailing wage specifications in such a contract, and (2) whether R.C. 4115.13 and 4115.132 grant the Director of ODIR broad powers to inspect...

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