Wagner Construction, Inc. - Page 6




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          of the construction project by guaranteeing that the contractor             
          will build the project according to the specifications and make             
          all required payments to its subcontractors on the project.                 
          Dennis, Curtis, and their wives personally guaranteed all                   
          performance and payment bonds issued on behalf of petitioner.               
               In addition to Dennis and Curtis, petitioner employed 35               
          persons during 1995 and 41 persons during 1996.  Petitioner's               
          office staff consisted of Rodney Olson (Mr. Olson), who was the             
          office manager, and Jane Wagner (Jane), who was Curtis' wife.               
          Other than Dennis, Curtis, Jane, and Mr. Olson, petitioner's                
          remaining employees worked an average of 28.9 weeks in 1995 and             
          27.3 weeks in 1996.                                                         
               Petitioner's major construction jobs for 1995 and 1996 were            
          performed throughout northern Minnesota and included jobs located           
          in International Falls, Littlefork, Warroad, Roseau, Greenbush,             
          Crookston, Chisholm, and Ash River.  During the construction                
          season, which is generally from May through November in northern            
          Minnesota, petitioner maintained four construction crews.                   
               The Associated General Contractors of Minnesota Highway,               
          Railroad and Heavy Construction Contractors entered into separate           
          agreements with the International Union of Operating Engineers              
          Local No. 49 and the Laborer's District Council of Minnesota and            
          North Dakota on behalf of its affiliated local unions.  During              
          the years in issue, petitioner operated under those contracts               






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