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KEETON-KING CONST., INC. v. STATE

88-CV-0392-WE; CA A61864.

802 P.2d 711 (1990)

105 Or.App. 41

KEETON-KING CONSTRUCTION, Inc., Respondent, v. STATE of Oregon, State of Oregon Department of General Services, State of Oregon Employment Division, and State of Oregon Department of Human Services, Appellants.

Court of Appeals of Oregon.

Decided December 26, 1990.

Attorney(s) appearing for the Case

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

John Berge, Bend, argued the cause for respondent. With him on the brief were Neil R. Bryant and Gray, Fancher, Holmes, Hurley, Bryant & Lovlien, Bend.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Department of General Services (DGS) appeals the circuit court's decision reversing its order in other than a contested case. ORS 183.484; ORS 183.500. We remand for reinstatement of the DGS order.

In 1988, DGS sought bids for construction of a building in Bend. On the first page of the bid invitation, DGS informed potential bidders that

"MINORITY BUSINESS ENTERPRISE (MBE) AND WOMEN BUSINESS ENTERPRISE (WBE) SUBCONTRACTING...

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