Topeka Building & Construction Trades Council v. Leahy

The opinion of the court was delivered by

Jackson, J.:

A mandamus proceeding was begun in the court below by the appellants against various state officials and the Brown Brothers Construction Company. Appellants allege that the suit is brought to compel payment of the current rate of per diem wages in accordance with G. S. 1949, 44-201 and 44-203. The parties defendant filed motions to quash the alternative writ which were sustained by the district court, and the plaintiffs appeal.

It would appear that the construction company has been and is engaged in the construction of the earth fill dam at…