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CALIFORNIANS FOR DUMP TRUCK TRANSP. v. MENDONCA

No. C-96-03430 MHP.

957 F.Supp. 1121 (1997)

CALIFORNIANS FOR SAFE AND COMPETITIVE DUMP TRUCK TRANSPORTATION, et al., Plaintiffs, v. Roberta MENDONCA, et al., Defendants.

United States District Court, N.D. California.

February 4, 1997.

Attorney(s) appearing for the Case

Ellis Ross Anderson, Anderson Donovan & Poole, San Francisco, CA, for Californians for Safe and Competitive Dump Truck Transp., Lindeman Brothers, Inc. and Yuba Trucking, Inc.

Miles E. Locker, Division of Labor Standards Enforcement, Dept. of Indus. Relations, San Francisco, CA, for Robert E. Mendonca, Lloyd W. Aubry, California Dept. of Indus. Relations and California Dept. of Labor.

Irene B. Moy, CA Dept. of Transp., San Francisco, CA, for James W. Van Loben Sels and California Dept. of Transp.

Scott A. Kronland, Altshuler Berzon Nussbaum Berzon & Rubin, San Francisco, CA, for International Broth. of Teamsters, AFLCIO.

MEMORANDUM AND ORDER

PATEL, District Judge.

Plaintiffs Californians for Safe and Competitive Dump Truck Transportation and others brought this action against defendants Roberta E. Mendonca and other directors of certain state agencies of the State of California seeking (1) a declaration that California Labor Code sections 1770-80 ("Prevailing Wage Law") are unconstitutional as preempted by 49 U.S.C. section 14501 and as an impermissible burden on...

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