The complaint alleged in substance that the Highway Commission had declared a prevailing wage rate of 75 cents per hour for common laborers to $1.65 per hour for certain skilled labor for this job, but that such determination *858 by the Highway Commission was erroneous in that the rate was actually 85 cents per hour for common labor to $2.50 per hour for certain skilled labor, as was shown by an exhibit attached to the complaint. 91, published in Vernon's Civil Statutes as art. under the provisions of Acts, 43rd Leg., Reg. Summarized, the respondent alleged that it was a voluntary unincorporated association of more than 2,800 craftsmen and laborers who live and work in El Paso, Texas, or vicinity and that it was an affiliate of the American Federation of Labor existing "for the purpose of maintaining and improving the wages and working conditions of craftsmen and laborers in El Paso, Texas, and vicinity." It alleged the duty of the Highway Commission to ascertain the prevailing rate of per diem wages, etc. This suit was brought in the District Court of Travis County March 9, 1950, by respondent against the Texas Highway Commission and the Chief Engineer of the Commission seeking an injunction against the petitioners to enjoin the letting by petitioners of a contract for a certain public works in the City of El Paso, Texas and designated "Main Street Overpass" until petitioner, State Highway Commission, should properly and correctly determine the "prevailing rate of per diem wages * * * for each craft or type of workman or mechanic needed to execute the contract", and so specify such wage rate in the call for bids and in the contract. Mullinax, Wells & Ball, Dallas, Creek-more Fath, Austin, for respondent. Greenhill, Ned McDaniel, Clinton Foshee and William S.
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