ANDERSEN CONSTR. CO. v. WELTMER

No. 49,872

224 Kan. 191 (1978)

577 P.2d 1197

R.D. ANDERSEN CONSTRUCTION CO., INC., a Kansas Corporation, Plaintiff, v. W. KEITH WELTMER, Secretary of Administration for the State of Kansas; CARL OSSMANN, Director of Architectural Services for the State of Kansas; CURT T. SCHNEIDER, Attorney General for the State of Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed May 6, 1978.


Attorney(s) appearing for the Case

Stewart L. Entz, of Colmery, McClure, Funk, Letourneau & Entz, of Topeka, argued the cause and was on the brief for the plaintiff.

John R. Martin, first assistant attorney general, argued the cause and Curt T. Schneider, attorney general, was with him on the brief for the defendants.

Elwaine F. Pomeroy, of Pomeroy & Pomeroy, of Topeka, was on the brief amici curiae for Douglas Construction Co., Inc.; Frisbie Bridge Co., Inc.; M.W. Watson, Inc.; Dahlstrom & Ferrill Construction Co., Inc.; Casson Construction Co., Inc.; and B.A. Green Construction Co., Inc., Kansas corporations.

Stanley L. Basler, of Blake & Uhlig, of Kansas City, was on the brief amicus curiae for Kansas Building and Construction Trades Council.


The opinion of the court was delivered by

McFARLAND, J.:

This is an original action seeking a writ of mandamus to compel the opening of sealed bids which have been submitted for the construction of the Honey Bee Lodge and Hospital Care Facility at the Kansas Neurological Institute, a state owned and operated institution.

By virtue of the issues presented in this case, bidding on other state construction contracts was delayed until this case was resolved...

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