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GARY CONCRETE PRODUCTS, INC. v. RILEY

22330

285 S.C. 498 (1985)

331 S.E.2d 335

GARY CONCRETE PRODUCTS, INC., Appellant, v. Richard W. RILEY, Governor of South Carolina; Grady L. Patterson, Jr., Treasurer of South Carolina; Earle E. Morris, Jr., Comptroller General of South Carolina; Rembert C. Dennis, Chairman, Senate Finance Committee; and Tom Mangum, Chairman, House Ways and Means Committee, constituting the State Budget and Control Board, Respondents.

Supreme Court of South Carolina.

Decided May 20, 1985.

Attorney(s) appearing for the Case

Thomas H. Pope, of Pope and Hudgens, Newberry, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Joseph A. Wilson, and Asst. Atty. Gen. Charles W. Gambrell, Jr., Columbia, for respondents.

Heard April 8, 1985.

Decided May 20, 1985.

HARWELL, Justice:

The appellant Gary Concrete Products, Inc. initiated this action against the respondent State Budget and Control Board for a declaratory judgment regarding the constitutionality of S.C. Code Ann. § 11-35-1520(9)(d) (1984 Cum. Supp.). We affirm.

The appellant is a Georgia corporation which manufactures and sells reinforced concrete pipe. The appellant was invited to submit bids...

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