WILLIAM C. LOGAN & ASSOCS. v. LEATHERMAN

22627

290 S.C. 400 (1986)

351 S.E.2d 146

WILLIAM C. LOGAN & ASSOCIATES and Francis Marion College, of Whom William C. Logan & Associates is, Appellant v. Hugh LEATHERMAN, Luther Taylor, Grady L. Patterson, Jr., Nikki G. Setzler, Harriette G. Shaw, Steve Bilton, Jules J. Hesse, Jeffrey Rosenblum, as officers and members of the South Carolina Procurement Review Panel, South Carolina Procurement Review Panel, Governor Richard W. Riley, Grady L. Patterson, Jr., Earle E. Morris, Jr., Rembert C. Dennis, Tom G. Mangum, and William T. Putnam, as officers and members of the South Carolina Budget and Control Board, Division of General Services, South Carolina Budget and Control Board, a Division of General Services, John A. McPherson, Jr., Chief Procurement Officer for South Carolina Budget and Control Board, a Division of General Services and Powers Construction Company, of whom Hugh Leatherman, Luther Taylor, Grady L. Patterson, Jr., Nikki G. Setzler, Harriette G. Shaw, Steve Bilton, Jules J. Hesse, Jeffrey Rosenblum, as officers and members of the South Carolina Procurement Review Panel, South Carolina Procurement Review Panel are Respondents. Ex parte FRANCIS MARION COLLEGE, Plaintiff. In re FRANCIS MARION COLLEGE and William C. Logan & Associates, Plaintiffs v. POWERS CONSTRUCTION COMPANY and John A. McPherson, as Chief Procurement Officer, Division of General Services of the State Budget and Control Board, Defendants.

Supreme Court of South Carolina.

Decided November 17, 1986.


Attorney(s) appearing for the Case

Susan B. Lipscomb of Nexsen, Pruett, Jacobs & Pollard, Columbia, for appellant.

Helen T. McFadden, Columbia, for respondents.

Atty. Gen. T. Travis Medlock and Deputy Atty. Gen. Frank K. Sloan, Columbia, for plaintiff Francis Marion College.

Daniel T. Brailsford, Columbia, for defendant Powers Const. Co.

Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. David Eckstrom; and Malcolm Rentz, Columbia, for defendants South Carolina Budget and Control Bd., Div. of General Services, and John A. McPherson, Jr.

Daniel T. Brailsford, Columbia, for amicus curiae Specialty Trade Ass'n Council.

James B. Richardson, Jr., Columbia, for amicus curiae Associated General Contractors.


Heard Oct. 9, 1986.

Decided Nov. 17, 1986.

HARWELL, Justice:

This case involves a prime contractor's appeal from an order requiring it to remit a portion of profit from a contract that it had been awarded under the Procurement Code. We affirm.

Appellant Logan was awarded a contract by this State's chief procurement officer for construction of several buildings at Francis Marion College (FMC). Powers, another contractor who had bid on the job...

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