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STATE DEPT. OF LABOR v. BD. OF PUB. UTIL.

No. 20106.

910 S.W.2d 737 (1995)

STATE of Missouri, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, DIVISION OF LABOR STANDARDS, Plaintiff-Appellant, v. BOARD OF PUBLIC UTILITIES OF the CITY OF SPRINGFIELD, d/b/a City Utilities of Springfield, Missouri, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied November 9, 1995.

Application to Transfer Denied December 19, 1995.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Charles W. Hatfield, Asst. Atty. Gen., Jefferson City, for plaintiff-appellant.

Turner White, Springfield, for defendant-respondent.

Dale L. Ingram, Jolley, Walsh & Hager, Kansas City, as amicus curiae.

SHRUM, Chief Judge.

This declaratory judgment action arises from the efforts of Department of Labor and Industrial Relations, Division of Labor Standards (Department), to obtain compliance by the Board of Public Utilities of the City of Springfield (Defendant) with the Prevailing Wage Act, §§ 290.210-290.340 (the Act), as to an asbestos removal contract.1 Another issue relates to the validity of a regulation promulgated under...

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