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KUHN CONSTRUCTION CO. v. STATE

366 A.2d 1209 (1976)

KUHN CONSTRUCTION COMPANY, a corporation of the State of Delaware, Plaintiff, v. The STATE of Delaware and the Department of Natural Resources and Environmental Control of the State of Delaware, Division of Parks and Recreations, Defendants.

Court of Chancery of Delaware, New Castle.

Decided October 22, 1976.

Attorney(s) appearing for the Case

Stanley William Balick, and Henry A. Heiman, Balick & Hearn, Wilmington, for plaintiff.

June D. Macartor, Deputy Atty. Gen., Wilmington, for defendants.

BROWN, Vice Chancellor.

Plaintiff Kuhn Construction Company, a Delaware corporation, sues in its capacity as a taxpayer to enjoin the defendant Department of Natural Resources and Environmental Control of the State of Delaware ("the Department") from implementing its announced award of a marine construction contract to J. E. Brenneman Company, a Pennsylvania corporation ("Brenneman"). This is a final decision based upon stipulated facts following the issuance of a...

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