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FOLEY BROTHERS, INC. v. MARSHALL

Nos. 39,154, 39,155, 39,161.

266 Minn. 259 (1963)

123 N.W. (2d) 387

FOLEY BROTHERS, INC., AND ANOTHER v. JAMES C. MARSHALL, COMMISSIONER OF HIGHWAYS, AND ANOTHER.

Supreme Court of Minnesota.

August 9, 1963.

Attorney(s) appearing for the Case

Harry G. Costello, A. Patrick Leighton, Faricy, Moore, Costello & Hart, and King & MacGregor, for appellant Industrial.

Walter F. Mondale, Attorney General, Donald P. Kane, Special Assistant Attorney General, and William E. Mullin, Special Assistant Attorney General, for appellant commissioners.

Lawrence J. Hayes, James W. Brehl, and Maun, Hazel, Green, Hayes, Simon & Aretz, for respondent.

KNUTSON, CHIEF JUSTICE.

This is an appeal from an order of the trial court granting a temporary injunction.

The facts are not in dispute. In May 1963, James C. Marshall, commissioner of highways of the State of Minnesota, issued invitations to bid on the construction of approximately 1.7 miles of Federal interstate highway located in the city of St. Paul. The project contemplated the construction of some nine bridges...

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