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F-M ASPHALT v. NORTH DAKOTA STATE HIGHWAY DEPT.

Civ. No. 11175.

384 N.W.2d 663 (1986)

F-M ASPHALT, INC., Plaintiff and Appellant, v. NORTH DAKOTA STATE HIGHWAY DEPARTMENT; Walter R. Hjelle, Commissioner, Ray Zink, Chief Engineer, Francis Ziegler, Construction Engineer, and Deb Igoe, Good-Faith Efforts Committee Chair, in their official capacities and not personally; and Northern Improvement Company, Inc.; Defendants and Appellees.

Supreme Court North Dakota.

April 10, 1986.

Attorney(s) appearing for the Case

Richard J. Henderson (argued) and Sarah Andrews Herman, of Nilles, Hansen & Davies, Ltd., Fargo, for plaintiff and appellant.

Myron E. Bothun, Asst. Atty. Gen., Bismarck, for defendants and appellees North Dakota State Highway Dept., Walter R. Hjelle, Ray Zink, Francis Ziegler, and Deb Igoe.

Harlan G. Fuglesten, of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendant and appellee Northern Improvement Co., Inc.

Vande Walle, Justice.

F-M Asphalt, Inc. (F-M), appealed from an order denying a motion for a temporary injunction by the district court of Burleigh County. F-M alleges that the North Dakota State Highway Department (the State) improperly rejected F-M's bid for a construction project and awarded the contract to a higher bidder, Northern Improvement Company, Inc. (Northern). We affirm.

For the purposes of this appeal, we only briefly discuss the procedural posture...

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