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ADVANCE TANK AND CONST. CO., INC. v. ARAB WORKS

No. 89-7443.

910 F.2d 761 (1990)

ADVANCE TANK AND CONSTRUCTION COMPANY, INC., Plaintiff-Appellee, v. ARAB WATER WORKS, a Board or Agency of The City of Arab, Alabama, Arnold McDaniel, as Chairman of the Arab Water Works Board, Arlon Wheeler and H.E. Barker, as members of the Arab Water Works Board, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 5, 1990.

Attorney(s) appearing for the Case

Mark W. Lee, Parsons, Lee & Juliano, P.C., Birmingham, Ala., Dave Beuoy, Burke & Beuoy, Arab, Ala., for defendants-appellants.

John Martin Galese, Galese & Moore, Birmingham, Ala., for plaintiff-appellee.

Before EDMONDSON, Circuit Judge, HILL and HENDERSON, Senior Circuit Judges.

HILL, Senior Circuit Judge:

INTRODUCTION

On January 31, 1989, the Arab Water Works Board (hereinafter "Board") of Arab, Alabama, opened sealed bids for the construction of an addition to a water treatment plant. Appellee Advance Tank and Construction Company (hereinafter "Advance Tank") submitted the apparent low bid of $3,984,375.00. The firm of Brasfield & Gorrie, Inc., submitted the second lowest bid at $4,068,000.00.1

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