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WORTH & CO. v. DEPT. OF LABOR AND INDUSTRY

857 A.2d 727 (2004)

WORTH & COMPANY, INC., Petitioner v. DEPARTMENT OF LABOR AND INDUSTRY, Prevailing Wage Appeals Board, Respondents.

Commonwealth Court of Pennsylvania.

Decided September 13, 2004.

Attorney(s) appearing for the Case

Brian E. Subers, Lansdale, for petitioner.

Peter Von Gerzie, Harrisburg, for respondents.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, JUBELIER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge McGINLEY.

Worth & Company, Inc. (Worth) petitions for review from an order of the Prevailing Wage Appeals Board (Board) that affirmed the position of the Department of Labor and Industry (Department), as set forth in its September 7, 1999, letter to Worth, a general contractor, that requested the withholding of contract payments to First Choice Fire Protection, Inc. (First Choice), one of its subcontractors on a public works project.

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