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HENDRY CORPORATION v. STATE

No. BK-499.

503 So.2d 944 (1987)

HENDRY CORPORATION, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION and Atlantic Foundation Company, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 2, 1987.

Attorney(s) appearing for the Case

Larry E. Levy, Tallahassee, for appellant.

Brant Hargrove and Robert I. Scanlan, Dept. of Transp., Tallahassee, for appellee.

THOMPSON, Judge.

Hendry Corporation (Hendry) appeals a final order of the Department of Transportation (DOT) finding Hendry's low bid nonresponsive and awarding the contract to the second low bidder. Hendry contends, inter alia, that § 339.0805, Fla. Stat., on which DOT partially relied in reaching its decision that Hendry's bid was nonresponsive, is unconstitutional. We affirm.

Section 339.0805 provides in part:

(1) Except to the extent that...

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