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PENDLETON BROS. v. FIN. & ADMIN. CABINET

Nos. 87-SC-620-DG, 87-SC-772-DG and 87-SC-773-DG.

758 S.W.2d 24 (1988)

PENDLETON BROTHERS VENDING, INC.; Carl Everitt Pendleton, Leland Kenneth Pendleton and R.J. Schamback, Movants, v. COMMONWEALTH of Ky. FINANCE AND ADMINISTRATION CABINET; Commonwealth of Ky. Transportation Cabinet; Commonwealth of Ky. Department for the Blind and Quatros, Inc., Respondents. FINANCE AND ADMINISTRATION CABINET and the Department for the Blind, Cross/Movants, v. PENDLETON BROTHERS VENDING, INC.; Carl Everitt Pendleton, Leland Kenneth Pendleton and R.J. Schamback, Cross/Respondents. QUATROS, INC., Cross/Movant, v. PENDLETON BROTHERS VENDING, INC.; Carl Everitt Pendleton, Leland Kenneth Pendleton and R.J. Schamback, Cross/Respondents.

Supreme Court of Kentucky.

Rehearing Denied October 27, 1988.

Attorney(s) appearing for the Case

Dana R. Kolter, Louisville, for Pendleton Bros., etc.

Monte D. Gross, Frankfort, for Kentucky Finance and Admin. Cabinet.

Karen Powell, Frankfort, for Kentucky Transp. Cabinet.

Frederic J. Cowan, Atty. Gen., Frankfort, for Department for Blind.

William T. Robinson III, Michael Schulte, Covington, for Quatros, Inc.

LEIBSON, Justice.

This is a case of first impression involving the impact on state purchasing procedures of the "Kentucky Model Procurement Code ("KMPC")," KRS Chapter 45A, enacted in 1978 and effective since January 1, 1979 with minor revisions. The fundamental question is whether the KMPC has changed the rules of the game, providing access not previously available to challenge and investigate the propriety of government purchasing contracts. We hold that it has...

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