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KOKOSING CONSTR. CO. v. DIXON

No. CA-12168.

72 Ohio App.3d 320 (1991)

KOKOSING CONSTRUCTION CO., Appellant, v. DIXON et al., Appellees.

Court of Appeals of Ohio, Montgomery County.

Decided January 31, 1991.

Attorney(s) appearing for the Case

Louis & Froelich Co., L.P.A., and Jeffery E. Froelich, for appellant.

Kenneth Barden, Chief General Counsel, for appellee city of Dayton.

Coolidge, Wall, Womsley & Lombard Co., L.P.A., and Terrence Fague, for appellee Shook, Inc.

GRADY, Judge.

Plaintiff-Appellant, Kokosing Construction Co. (Kokosing), appeals the trial court's decision denying it injunctive relief and ordering the city of Dayton to execute a construction contract with Shook, Inc. (Shook). The trial court found that Dayton acted within its discretion in rejecting Kokosing's bid, but abused its discretion in rejecting Shook's bid as nonresponsive as its affirmative-action statement...

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