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MEADOW VALLEY CONTRACTORS, INC. v. JOHNSON

No. CV-S-00-0045PMPRJJ.

89 F.Supp.2d 1180 (2000)

MEADOW VALLEY CONTRACTORS, INC.; and Walter Construction (USA), Inc., formerly known as Walter & SCI Construction, Plaintiffs, v. Terry JOHNSON, individually and in his official capacity as Labor Commissioner of the State of Nevada; Gail Maxwell, individually and in her official capacity as former Acting Labor Commissioner of the State Nevada and current Chief Investigator for the Labor Commissioner of the State of Nevada; and Thomas E. Stephens, individually and in his official capacity as the Director of the Department of Transportation of the State of Nevada, Defendants.

United States District Court, D. Nevada.

March 20, 2000.

Attorney(s) appearing for the Case

Gregory E. Smith, Smith & Kotchka, Las Vegas, NV, for plaintiffs.

Leslie A. Nielsen, Asst. Chief Deputy Atty Gen., Dianna Hegeduis, Deputy Atty Gen., Las Vegas, NV, for defendants.

ORDER

PRO, District Judge.

Presently before this Court is Defendants Terry Johnson's and Gail Maxwell's Motion to Dismiss (# 11) filed on January 31, 2000. Plaintiffs Meadow Valley Contractors, Inc. and Walter Construction (USA), Inc. filed an Opposition (# 14) on February 9, 2000. Defendants filed a Reply (# 16) and an Affidavit in Support of Motion to Dismiss (# 17) on February 14, 2000.

I. BACKGROUND

This is a dispute arising...

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