Worth & Co. v. Dep of Labor, Aplt (Dissenting Opinion)

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[J-45-2006] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT WORTH & COMPANY, INC. : : : v. : : : DEPARTMENT OF LABOR AND : INDUSTRY, PREVAILING WAGE : APPEALS BOARD : : APPEAL OF: DEPARTMENT OF LABOR : AND INDUSTRY : No. 117 MAP 2005 Appeal from the Order of Commonwealth Court entered September 13, 2004, at No. 1149 CD 2003 which reversed the Order of the Prevailing Wage Appeal Board entered April 25, 2003, at No. PWAB-3G2001. ARGUED: September 12, 2006 DISSENTING OPINION MR. JUSTICE CASTILLE DECIDED: December 27, 2007 I respectfully dissent. The Majority affirms the decision of the Commonwealth Court reversing the Order of the Prevailing Wage Appeal Board. For the reasons expressed in the dissenting opinion of the Honorable Dante R. Pellegrini below, I would reverse the opinion of the Commonwealth Court and remand this matter to the Board for further consideration consistent with Judge Pellegrini s dissenting opinion. See Worth & Co. v. Dept. of Labor and Industry, 857 A.2d 727, 735-37 (Pa. Cmwlth. 2004) (Pellegrini, J., dissenting).

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