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NEWMECH CO. v. INDEPENDENT SCHOOL DIST.

Nos. C1-93-1500, C8-93-1509.

540 N.W.2d 801 (1995)

NEWMECH COMPANIES, INC., Respondent (C1-93-1500), v. INDEPENDENT SCHOOL DISTRICT NO. 206, ALEXANDRIA, Minnesota, Petitioner, Appellant (C1-93-1500), Manning Mechanical, Inc., a North Dakota corporation, Petitioner, Appellant (C1-93-1500), Defendant (C8-93-1509), State of Minnesota, Intervenor, Respondent (C1-93-1500), Intervenor Below (C8-93-1509). Scott ANDERSON, et al., Petitioners, Respondents (C8-93-1509), v. INDEPENDENT SCHOOL DISTRICT NO. 206, ALEXANDRIA, Minnesota, Petitioner, Appellant (C8-93-1509).

Supreme Court of Minnesota.

Rehearing Denied December 5, 1995.

Attorney(s) appearing for the Case

John C. Lervick, Alexandria, for ISD No. 206.

LaDonne R. Vik, Brad A. Sinclair, Fargo, ND, for Manning Mechanical, Inc.

Gerald S. Duffy, Rosemary Tuohy, Minneapolis, for NewMech Companies, Inc.

Stephen D. Gordon, Paul W. Iverson, Minneapolis, for Scott Anderson, et al.

Hubert H. Humphrey, Attorney General, Scott R. Strand, Assistant Attorney General, St. Paul, for State of Minn.

Gregg J. Cavanagh, Minneapolis, for Amicus Curiae, MN Chapter of Assoc. Builders.

James E. Knutson, Stephen M. Knutson, Marie C. Skinner, St. Paul, for Amicus Curiae, MN School Boards Assoc. and ISD No. 206.

Heard, considered and decided by the court en banc.

OPINION

ANDERSON, Justice.

This case arises from lawsuits filed by NewMech Companies, Inc. and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local 126, and three of its members, Scott Anderson, Ron Haarstad and Leonard Johnson (Local 126). The plaintiffs alleged Independent School District No. 206 (the District) violated the Prevailing Wage Act (the PWA), Minn.Stat. §§ 177.41-.44, by failing to require...

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