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UTILITY SERVICE v. DEPT. OF LABOR

No. SC 90963.

331 S.W.3d 654 (2011)

UTILITY SERVICE CO., INC., Respondent, v. The DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, and the Labor and Industrial Relations Commission of Missouri, Appellants.

Supreme Court of Missouri, En Banc.

March 1, 2011.

Attorney(s) appearing for the Case

Jeremiah J. Morgan , attorney general's office, Jefferson City, for Appellants.

Charles Hatfield , Tricia A. Workman , Jeremy A. Root , Stinson Morrison Hecker LLP, Jefferson City, for Respondent.

MARY R. RUSSELL, Judge.

At issue in this case is whether Missouri's Prevailing Wage Act (the Act), sections 290.210 to 290.340, RSMo 2000,1 applies to the contracted work performed on a city's water storage tank and tower. The contractor maintains that the work is "maintenance work" that is exempt from coverage under the Act. The Missouri Department of Labor and Industrial Relations ("the Department...

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