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STATE, BUS. & INDUS. v. GRANITE CONSTR. CO.

No. 36881.

40 P.3d 423 (2002)

118 Nev. 83

The STATE of Nevada, DEPARTMENT OF BUSINESS AND INDUSTRY, OFFICE OF the LABOR COMMISSIONER; and Terry Johnson, in His Capacity as Labor Commissioner of the State of Nevada, Appellants, v. GRANITE CONSTRUCTION COMPANY, Respondent.

Supreme Court of Nevada.

February 13, 2002.

Attorney(s) appearing for the Case

Frankie Sue Del Papa, Attorney General, and Dianna Hegeduis, Deputy Attorney General, Carson City, for Appellants.

Bible Hoy & Trachok and Mark J. Lenz, Reno, for Respondent.

Dennis A. Kist & Associates and David R. Ford, Las Vegas, for Amicus Curiae International Brotherhood of Teamsters Local 631.

Elizabeth Nadeau, Washington, D.C., for Amicus Curiae Operating Engineers and Teamsters.

Levy, Stern & Ford and Lewis N. Levy, Los Angeles, California; Sherman, Dunn, Cohen, Leifer & Yellig, Washington, D.C., for Amicus Curiae Building and Construction Trades Department, AFL-CIO, Operating Engineers and Teamsters.

McDonald Carano Wilson McCune Bergin Frankovich & Hicks LLP and Paul J. Georgeson, Reno, for Amicus Curiae Associated General Contractors.

Michael E. Langton, Reno, for Amicus Curiae Building and Construction Trades Council of Northern Nevada.

Neil Ditchek, Washington, D.C., for Amicus Curiae International Brotherhood of Teamsters.

Before the Court En Banc.

OPINION

PER CURIAM.

This appeal involves the interpretation of NRS 338.040, Nevada's prevailing wage law. Specifically, we are asked to determine the meaning of the phrase "at the site of the work." The Labor Commission interprets the phrase to include locations other than the actual place where a public works project is situated. The district court, in a petition for judicial review proceeding, found that the phrase is limited to the actual physical...

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