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MANKATO AGLIME & ROCK CO. v. MANKATO

No. C6-88-1655.

434 N.W.2d 490 (1989)

MANKATO AGLIME & ROCK COMPANY, INC., et al., Appellants, v. The CITY OF MANKATO, Leonard Levine, Commissioner of Transportation, et al., and Crane Creek Asphalt, Inc., intervenor, Respondents.

Court of Appeals of Minnesota.

January 17, 1989.

Attorney(s) appearing for the Case

K. Craig Wildfang, Wm. Christopher Penwell, Anthony J. Gleekel, Grossman, Karlins, Siegel, Brill, Greupner & Duffy, Minneapolis, Gerald L. Maschka, Kenneth R. White, Farrish, Johnson & Maschka, Mankato, for Mankato Aglime & Rock Co., Inc., et al.

Michael McCauley, City Atty., Mankato, for The City of Mankato.

Hubert H. Humphrey, III, Atty. Gen., Donald J. Mueting, Asst. Atty. Gen., William A. Caldwell, Sp. Asst. Atty. Gen., St. Paul, for Leonard Levine, Com'r of Transportation, et al.

John M. Riedy, Howard F. Haugh, McLean Peterson Law Firm, Chartered, Mankato, for Crane Creek Asphalt, Inc.

Heard, considered and decided by CRIPPEN, P.J., and BOWEN and STONE, JJ.

OPINION

BRUCE C. STONE, Judge.

Appeal from a grant of summary judgment to respondents upholding an order from the Department of Transportation which denied appellants standing to compel contested case proceedings involving the debarment of certain competing companies.

FACTS

On March 8, 1988, respondent Commissioner of Transportation (the Commissioner) ordered the suspension and proposed the debarment of Lundin Construction Co., Inc., its...

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