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SUPERIOR ASPHALT & CONCRETE CO. v. DEPARTMENT OF LABOR

No. 19681-6-II.

929 P.2d 1120 (1996)

84 Wash.App. 401

SUPERIOR ASPHALT & CONCRETE COMPANY, a Washington corporation, Appellant, v. The DEPARTMENT OF LABOR & INDUSTRIES OF THE STATE OF WASHINGTON, and the Washington State Department of Transportation, Respondents.

Court of Appeals of Washington, Division 2.

Publication Ordered and Reconsideration Denied January 10, 1997.

As Amended February 7, 1997.

Attorney(s) appearing for the Case

Jeff B. Kray, Office of Attorney General, Olympia, for Respondents.

Ryan Mark Edgley, Yakima, for Appellant.

SEINFELD, Chief Judge.

Superior Asphalt & Concrete Company asks the court to invalidate WAC 296-127-018 in this action for declaratory and injunctive relief. The challenged WAC requires contractors to pay the prevailing wage to their employees who deliver "materials to a public works project site and perform any spreading, leveling, rolling, or otherwise participate in any incorporation of the materials into the project." WAC 296-127-018(2)(a). As the regulation...

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