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COATS-SELLERS v. STATE, DOT

97CV0285MS; A127299.

147 P.3d 946 (2006)

209 Or. App. 281

Lynda L. COATS-SELLERS, Roberta Bowles and Annette Chunn, co-personal representatives of the Estate of R.L. Coats, Respondents, v. STATE of Oregon, by and through its DEPARTMENT OF TRANSPORTATION and by and through its Bureau of Labor and Industries, Appellant.

Court of Appeals of Oregon.

Decided November 15, 2006.

Attorney(s) appearing for the Case

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Gerald A. Martin, Bend, argued the cause for respondents. With him on the brief was Francis & Martin.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

At issue in this case is whether plaintiff, a road construction contractor, is obligated to pay certain of its workers prevailing wages. The case is before us for the third time, and the procedural journey by which it arrives is a convoluted one. But, at bottom, the issue turns on whether the Bureau of Labor and Industries (BOLI) permissibly interpreted its own prevailing wage rule in reaching the conclusion that plaintiff is obligated to pay the workers...

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