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CITY OF AUBURN v. MAVIS

No. 3-883A255.

468 N.E.2d 584 (1984)

CITY OF AUBURN, Indiana, Acting through Its Board of Public Works and Safety, Jointly and Severally; and, D & L Communications, Inc., Defendants-Appellants, v. Gene MAVIS, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

September 25, 1984.

Attorney(s) appearing for the Case

Kevin P. Wallace, Auburn, P. Michael Miller, Miller & Stewart, Fort Wayne, for defendants-appellants.

David A. Kruse, Kruse, Kruse & Cherry, Auburn, Mark Paul Smith, Krueckeberg & Smith, P.C., Fort Wayne, for plaintiff-appellee.

GARRARD, Judge.

Gene Mavis (Mavis) was a losing bidder for a contract to provide radio communications equipment to the Auburn Fire Department in June 1973. Mavis brought a private action for treble damages pursuant to IC 24-1-2-3 and IC 24-1-2-7 against the City of Auburn (city) and D & L Communications, Inc. (D & L). Mavis alleged that prior to open and competitive bidding the city and D & L contrived to develop specifications favoring equipment sold...

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