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ASPHALT SURFACING v. S.D. DEPT. OF TRANSP.

No. 15026.

385 N.W.2d 115 (1986)

ASPHALT SURFACING COMPANY, Plaintiffs and Appellants, v. SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION; the South Dakota Transportation Commission; James R. Myers, Secretary of the South Dakota Department of Transportation; Roger Bernard, Robert Appelwick, James Rothstein, D. William Hustead, Herman I. Lerdal and Richard Helsper, Commissioners of the South Dakota Department of Transportation; and Vern Larson, South Dakota State Auditor, and Batzer Construction Co., A Foreign Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 9, 1986.

Attorney(s) appearing for the Case

James E. McMahon, of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for plaintiffs and appellants.

Camron Hoseck, Asst. Atty. Gen., for defendants-appellees except Batzer Const. Co., Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

T. Michael Carter, of Maher, Carter & Bode, Pierre, and F. Patrick McGrath, St. Paul, Minn., for defendant-respondent Batzer Const. Co.

FOSHEIM, Chief Justice.

Asphalt Surfacing Company (Plaintiff) sought a declaratory judgment and injunction relief when they were not awarded three road improvement contracts with the South Dakota Department of Transportation (DOT). The trial court ruled against Plaintiff and denied the injunctions. We affirm.

In April of 1985, DOT held a bid letting for three projects. Plaintiff was the apparent low bidder but the DOT Commission determined that South Dakota...

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