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OKLAHOMA CITY v. STATE EX REL. DEPT. OF LABOR

No. 85888.

918 P.2d 26 (1995)

The CITY OF OKLAHOMA CITY, a municipal corporation; Oklahoma City Airport Trust; Oklahoma City Public Property Authority; Oklahoma City Water Utilities Trust; and Central Oklahoma Transportation and Parking Authority, public trusts, Appellees, v. The STATE of Oklahoma ex rel. OKLAHOMA DEPARTMENT OF LABOR, Appellant.

Supreme Court of Oklahoma.

As Corrected October 13, 1995.

Opinion Supplementing Decision on Rehearing May 14, 1996.

Attorney(s) appearing for the Case

William O. West, Municipal Counselor, Diane Lewis, Deputy Municipal Counselor and Michelle G. Porta, Craig B. Keith, Assistant Municipal Counselors, Oklahoma City, for City of Oklahoma City, Oklahoma City Airport Trust, Oklahoma City Public Property Authority, Oklahoma City Water Utilities Trust, Central Oklahoma Transportation and Parking Authority.

W.A. Drew Edmondson, Attorney General of Oklahoma, Scott D. Boughton, Assistant Attorney General, Litigation Division, Oklahoma City, for The State of Oklahoma ex rel. Oklahoma Department of Labor.

McCaffrey & Tawwater by Loren Gibson, Oklahoma City, for Amicus Curiae Oklahoma State Building and Construction Trades Council, Steve Skinner and Jimmy Fish.

HODGES, Justice.

This dispute concerns the constitutionality of Oklahoma's Minimum Wages on Public Works Act, Okla.Stat. tit. 40, §§ 196.1-196.14 (1991), also known as the Prevailing Wage Act or the Little Davis-Bacon Act. This Court holds that the Act violates article IV, section 1, and article V, section 1 of the Oklahoma Constitution. It delegates the power to determine prevailing wages to a department of the...

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