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J.L. MANTA, INC. v. BRAUN

Nos. CI-85-821, C4-85-957.

393 N.W.2d 490 (1986)

J.L. MANTA, INC., Respondent, v. Richard P. BRAUN, individually and in his capacity as Commissioner of Transportation for the State of Minnesota, et al., petitioners, Appellants, and Rainbow, Inc., Respondent.

Supreme Court of Minnesota.

Rehearing Denied October 3, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Donald J. Mueting, Sp. Asst., St. Paul, for appellants.

Mark Miller, Minneapolis, for J.L. Manta.

Michael A. Mogill, Atlanta, Ga., for J.L. Manta.

Richard T. Kavaney, St. Paul, for Rainbow Inc.

Heard, considered, and decided by the court en banc.

COYNE, Justice.

Respondent J.L. Manta, Inc. obtained a permanent injunction barring the State of Minnesota from awarding a bridge painting contract to Rainbow, Inc. and precluding the State from rejecting all bids and readvertising for bids. We reverse.

Early in 1985 the Department of Transportation (DOT) advertised for bids for painting a bridge over the Mississippi River on Trunk Highway 3. The bid form indicated that the project comprised three

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