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TILBURY v. CITY OF FORT WAYNE

No. 3-584A143.

471 N.E.2d 1183 (1984)

Arthur M. TILBURY, Appellant (Plaintiff below), v. The CITY OF FORT WAYNE, Indiana, the Fort Wayne Department of Community Development and Planning: and the Fort Wayne Housing and Neighborhood Development Services, Inc. (Neighborhood Care, Inc.), Appellee (Defendants below).

Court of Appeals of Indiana, Third District.

December 13, 1984.

Attorney(s) appearing for the Case

Mark Paul Smith, Krueckeberg & Smith, Professional Corp., Fort Wayne, Charles C. Fraze, Albion, for appellant.

George Martin, Burt, Blee, Hawk & Sutton, Douglas E. Miller, Barrett, Barrett & McNagny, Fort Wayne, for appellee.

STATON, Presiding Judge.

Arthur W. Tilbury appeals from a Summary Judgment granted in favor of the City of Fort Wayne and others on Tilbury's complaint that city officials conspired to deprive him of lucrative construction contracts for which Tilbury was the lowest of several bidders. Tilbury's action is based upon Ind. Code 24-1-2-3 (Burns Code Ed., 1982) which prohibits schemes or combinations to restrain or restrict bidding for contracts for private or public work...

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