GILBERT CENT. CORP. v. KEMP

Civ. A. No. 86-2226.

637 F.Supp. 843 (1986)

GILBERT CENTRAL CORP., Plaintiff, v. John B. KEMP, Kansas Secretary of Transportation, Defendant.

United States District Court, D. Kansas.

June 13, 1986.


Attorney(s) appearing for the Case

John J. Gardner, Watson, Ess, Marshall & Enggas, Olathe, Kan., Paul R. Lamoree, Watson, Ess, Marshall & Enggas, Kansas City, Mo., for plaintiff.

Michael B. Rees, Timothy P. Orrick, Kansas Dept. of Transp., Topeka, Kan., for defendant.

William G. Haynes, Eidson, Lewis, Porter & Haynes, Topeka, Kan., for proposed intervenor.


MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This action was commenced on May 12, 1986, when plaintiff filed both a complaint and an application for a temporary restraining order. The complaint alleged that plaintiff had been the lowest responsible bidder on a road construction contract to be let by defendant and that defendant had wrongfully rejected plaintiff's bid. The prayer sought both a declaratory judgment to that effect and a permanent injunction...

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