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BOWEN ENGINEERING CORP. v. W.P.M. INC.

No. 79A02-8911-CV-597.

557 N.E.2d 1358 (1990)

BOWEN ENGINEERING CORPORATION, Appellant (Intervening Defendant), and Board of Commissioners of Tippecanoe County, Indiana, Appellant (Defendant), v. W.P.M. INC., a Michigan Corporation, Patrick Anthony Leoni and Jim Lee Terry, Appellees (Plaintiffs).

Court of Appeals of Indiana, Second District.

August 14, 1990.

Attorney(s) appearing for the Case

Thomas A. Withrow, B. Keith Shake, Henderson, Daily, Withrow & Devoe, Indianapolis, for appellant Bowen Engineering Corp.

Lawrence B. O'Connell, Gothard & O'Connell, Lafayette, David C. Campbell, Tammy J. Meyer, Bingham Summers Welsh & Spilman, Indianapolis, for appellant, Board of Com'rs of Tippecanoe County, Indiana.

Peter G. Tamulonis, Kightlinger & Gray, Indianapolis, for amicus curiae Indiana Constructors, Inc.

Diane S. Shea, Ass'n of Indiana Counties, Indianapolis, for amicus curiae Ass'n of Indiana Counties.

Eric J. Flessland, Butzel Long Gust Klein & Van Zile, Birmingham, Mich., Lou Pearlman, Pearlman & Chosnek, Lafayette, for appellees.

BUCHANAN, Judge.

CASE SUMMARY

Defendant-appellant Board of Commissioners of Tippecanoe County (Board) and intervenor-defendant-appellant Bowen Engineering Corp. (Bowen) appeal from the trial court's judgment which enjoined the Board from contracting with Bowen for a reconstruction project and from rejecting the bid from plaintiff-appellee W.P.M. Inc. (WPM), claiming the trial court improperly consolidated the hearing on the preliminary injunction with the...

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