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DICKINSON CO. v. CITY OF DES MOINES, IOWA

No. 2-69524.

347 N.W.2d 436 (1984)

DICKINSON COMPANY, INC., Plaintiff-Appellant, v. CITY OF DES MOINES, IOWA, and Peter Crivaro, as Mayor of the City of Des Moines, Iowa; Elaine Szmoniak, as City Councilperson; L. Clarke Priebe, as City Councilperson; George Nahas, as City Councilperson; Archie Brooks, as City Councilperson; George Flagg, as City Councilperson; and Timothy Urban, as City Councilperson, Defendants-Appellees, and M. Peterson Construction Company, a Corporation, and Iowa Signal and Electric Company, a Corporation, Intervenors-Appellees.

Court of Appeals of Iowa.

February 21, 1984.

Attorney(s) appearing for the Case

Carlton G. Salmons of Austin & Gaudineer, Des Moines, for plaintiff-appellant.

Nelda Barrow Mickle, City Sol., for defendants-appellees.

Dick Jensen of Dreher, Wilson, Adams, Jensen, Sayre & Gribble, and Larry Seckington of Brick, Seckington, Bowers, Swartz & Gentry, P.C., Des Moines, for intervenors-appellees.

Heard by SNELL, P.J., and SCHLEGEL and HAYDEN, JJ.

SNELL, Presiding Judge.

In 1981, the City of Des Moines solicited bids on the "Fleur Drive Signal System Project." The plaintiff, Dickinson Company, Inc., and the two intervenor companies, M. Peterson Construction Company and Iowa Signal and Electric Company, as joint venturers, were among the construction companies submitting bids. According to rules set by the Iowa Department of Transportation (DOT), any bid made by a contractor was to be accompanied by a bid bond...

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