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STATE BY HUMPHREY v. ROAD CONSTRUCTORS

No. C3-91-537.

474 N.W.2d 224 (1991)

STATE of Minnesota, by Hubert H. HUMPHREY, III, its Attorney General, Appellant, v. ROAD CONSTRUCTORS, INC., et al., Respondents, North Star Asphalt Company, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied October 31, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Helen G. Rubenstein, Special Asst. Atty. Gen., St. Paul, for State by Humphrey.

Timothy D. Kelly, John E. Grzybek, Kelly & Berens, P.A., Minneapolis, for Road Constructors, Inc.

Theodore J. Collins, Dan O'Connell, Collins, Buckley, Sauntry & Haugh, St. Paul, for North Star Asphalt.

Considered and decided by KLAPHAKE, P.J., and LANSING and DAVIES, JJ.

OPINION

LANSING, Judge.

In this antitrust action against two grading and bituminous contractors, the trial court denied the state's motion to amend its complaint to allege a third statutory violation and granted the contractors' motion for summary judgment on the two alleged violations. We affirm denial of the motion to amend and summary judgment on the section 325D.53 per se anticompetitive practices claim but reverse and remand for trial on the section...

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