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OXBOW CARBON & MINERALS, LLC v. DEPARTMENT OF INDUSTRIAL RELATIONS

No. B219504.

194 Cal.App.4th 538 (2011)

OXBOW CARBON & MINERALS, LLC, Plaintiff and Appellant, v. DEPARTMENT OF INDUSTRIAL RELATIONS et al., Defendants and Respondents; IRON WORKERS UNION LOCAL NO. 433 et al., Real Parties in Interest and Respondents.

Court of Appeals of California, Second District, Division Two.

March 24, 2011.

Attorney(s) appearing for the Case

Seyfarth Shaw , Robert Tollen and Ann H. Qushair for Plaintiff and Appellant.

Vanessa L. Holton , Anthony Mischel and Harold L. Jackson for Defendants and Respondents.

Weinberg, Roger & Rosenfeld, David A. Rosenfeld and Roberta D. Perkins for Real Party in Interest and Respondent Iron Workers Union Local No. 433.

Gibbs, Giden, Locher, Turner & Senet, Barbara R. Gadbois and Gary E. Scalabrini for Real Party in Interest and Respondent City of Long Beach.

OPINION

BOREN, P. J.—

Oxbow Carbon & Minerals, LLC, appeals from a judgment denying its petition for writ of mandate. The petition for writ of mandate followed an adverse administrative ruling by respondents State of California, Department of Industrial Relations (Department or DIR), and its director, John C. Duncan (Director). The Director found that work performed under two separate contracts constituted "public works" pursuant...

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