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CITY OF DES MOINES v. MASTER BUILDERS

No. 92-345.

498 N.W.2d 702 (1993)

CITY OF DES MOINES, Iowa, A Municipal Corporation, Appellee, v. MASTER BUILDERS OF IOWA, Appellant.

Supreme Court of Iowa.

April 21, 1993.

Attorney(s) appearing for the Case

Leon R. Shearer and Ann M. Ver Heul of Shearer, Templer, Pingel & Kaplan, P.C., West Des Moines, for appellant.

Terrence L. Timmins, City Solicitor, Des Moines, for appellee.

Considered en banc.

HARRIS, Justice.

A Des Moines ordinance established a prevailing wage requirement for public improvement projects. This action challenges the ordinance on two grounds. It is said the ordinance (1) exceeds the home rule power granted cities by the Iowa Constitution and (2) violates the preemption provisions of federal legislation. The trial court disagreed with the first challenge but agreed with the second. We think the ordinance is vulnerable to both challenges....

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