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3rd Circ. Finds Del. Contractor Law Unconstitutional

Law360 (March 22, 2011, 6:24 PM EDT) -- The Third Circuit on Tuesday upheld a ruling that said Delaware discriminated against out-of-state contractors by effectively forcing them to pay higher wages to trade apprentices than in-state competitors were required to pay.

A three-judge panel for the U.S. Court of Appeals for the Third Circuit ruled that a lower court correctly found that Delaware's refusal to recognize out-of-state registered apprentices facially discriminated against out-of-state contractors without advancing a legitimate state interest.

In April, Judge Sue L. Robinson of the U.S. District Court for the District...
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