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STATE EX REL. HRON BROTHERS CO. v. PORT WASHINGTON

265 Wis. 507 (1953)

STATE EX REL. HRON BROTHERS COMPANY, Plaintiff and Appellant, vs. CITY OF PORT WASHINGTON, Defendant and Respondent: GAHAN & SONS CONSTRUCTION COMPANY, Intervening Defendant and Respondent.

Supreme Court of Wisconsin.

December 30, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by O'Meara & O'Meara of West Bend, attorneys, and A. W. Lueck of Beaver Dam of counsel, and oral argument by Mr. Stephen O'Meara and Mr. Lueck.

For the respondents there was a brief by Warren A. Grady of Port Washington, attorney, for the city of Port Washington, and by Schanen, Schanen & Pauly of Port Washington, attorneys, for Gahan & Sons Construction Company, Inc., and C. R. Dineen of Milwaukee of counsel, and oral argument by Mr. Grady, Mr. Erwin N. Pauly, and Mr. Dineen.

BROWN, J.

The judgment of the learned trial court must be affirmed.

"In most jurisdictions certiorari is not available to a low bidder to set aside the action of municipal authorities in awarding a contract to another." 10 McQuillin, Mun. Corp. (3d ed.), p. 375, sec. 28.87.

State ex rel. Phelan v. Board of Education (1869), 24 Wis. 683, 684, involved a petition by an unsuccessful lowest bidder for a...

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