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DRUML CO. v. KNAPP

6 Wis.2d 418 (1959)

DRUML COMPANY, INC., Appellant, v. KNAPP, Commissioner of Public Works, and another, Respondents.

Supreme Court of Wisconsin.

February 3, 1959.

Attorney(s) appearing for the Case

For the appellant there were briefs by Frederick & Mantyh of Milwaukee, and oral argument by George E. Frederick.

For the respondent Lloyd D. Knapp, Commissioner of Public Works of the city of Milwaukee, there was a brief by Walter J. Mattison, city attorney, and Carl F. Kinnel, assistant city attorney, and oral argument by Mr. Kinnel.

For the respondent Woerfel Corporation there was a brief by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Roger C. Minahan and Walter P. Rynkiewicz of counsel, all of Milwaukee, and oral argument by Roger C. Minahan.

FAIRCHILD, J.

Plaintiff sues as a taxpayer, although it is also the lowest bidder. As a taxpayer it can maintain an action to enjoin an award which does not comply with requirements that the contract be let to the lowest bidder. Mueller v. Eau Claire County (1900), 108 Wis. 304, 84 N. W. 430.

The defendant commissioner does not assert that plaintiff was incompetent or unreliable. He asserts that plaintiff's

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