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MARTEL CONST. v. MONTANA STATE BD. OF EXAMINERS

No. 83-254.

668 P.2d 222 (1983)

MARTEL CONSTRUCTION, INC., and William Martel, Plaintiffs and Respondents, v. MONTANA STATE BOARD OF EXAMINERS, Governor Ted Schwinden, Secretary of State Jim Waltermire, and Attorney General Michael T. Greely, as members thereof, and Morris Brusett, Director of the Dept. of Administration, Defendants and Appellants, and Volk Construction, Inc., Intervenor and Appellant.

Supreme Court of Montana.

Decided August 12, 1983.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., M. Valencia Lane, Dept. of Admin., Helena, Alexander & Baucus, Great Falls, for defendants and appellants.

Scully, Lilly & Andriolo, Bozeman, for plaintiffs and respondents.

Thomas Johnson, Helena, (Montana Contractors) Anderson, Brown, Gerbase, Cebull & Jones, Billings, (Billings Contractors' Council), for amicus curiae.

SHEEHY, Justice.

The members of the State Board of Examiners, the director of the state Department of Administration, and Volk Construction, Inc., appeal from an order of the District Court, First Judicial District, Lewis and Clark County, granting a writ of mandamus to compel the Montana Board of Examiners to reject the bid of Volk Construction, as unresponsive to the solicitation for bids for the Montana Children's Treatment Unit Project.

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