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FELIX A. MARINO CO., INC. v. COMMISSIONER OF LABOR AND INDUSTRIES.

426 Mass. 458 (1998)

FELIX A. MARINO CO., INC. v. COMMISSIONER OF LABOR AND INDUSTRIES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 14, 1998.

Attorney(s) appearing for the Case

Anita V. Maietta, Assistant Attorney General (Anthony E. Penski, Assistant Attorney General, with her) for the defendants.

Steven H. Goldberg (Carl Valvo with him) for the plaintiff.

Donald J. Siegel & Shelley B. Kroll for the Massachusetts Buildings Trades Council, AFL-CIO, & another, amici curiae, submitted a brief.

Anne M. Johnson, for the Massachusetts Highway Association & others, amici curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, MARSHALL, & IRELAND, JJ.

WILKINS, C.J.

The plaintiff, Felix A. Marino Co., Inc. (Marino), is in the business of maintaining and repairing bituminous pavement. In this action, Marino asserts that the prevailing wage law (G. L. c. 149, §§ 26-27H) does not apply to wages paid to its employees engaged in the maintenance and repair of asphalt roads pursuant to municipal public works contracts.

Marino argues first that restoration work on roads is not "the construction of public...

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