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F-M ASPHALT v. N.D. STATE HIGHWAY DEPT.

Civ. No. 880082.

430 N.W.2d 344 (1988)

F-M ASPHALT, INC., Plaintiff, Appellant and Cross-Appellee, v. NORTH DAKOTA STATE HIGHWAY DEPARTMENT, and Walter R. Hjelle, Commissioner; Ray Zink, Chief Engineer; Francis Ziegler, Construction Engineer; and Deb Igoe, Good Faith Efforts Committee Chair, in their official capacities and not personally, Defendants, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

October 18, 1988.

Attorney(s) appearing for the Case

Nilles, Hansen & Davies, Ltd., Fargo, for plaintiff, appellant, and cross-appellee; argued by Richard Henderson.

Steven Francis Lamb (argued), Asst. Atty. Gen., State Highway Dept., Bismarck, for defendants, appellees, and cross-appellants.

GIERKE, Justice.

F-M Asphalt, Inc. (F-M), appealed from a district court summary judgment dismissing its action for damages and a declaratory judgment that its bid met the requirements of the Bidders Proposal for a construction project and that the contract should have been awarded to F-M. We affirm.

F-M was the low bidder on a construction project which was subject to Special Provision 650 (S.P. 650), a four-page provision in the Bidders Proposal, dealing...

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