SCIABA CONSTRUCTION CORP. v. MASS. TURNPIKE AUTH.


412 Mass. 606 (1992)

591 N.E.2d 190

SCIABA CONSTRUCTION CORPORATION vs. MASSACHUSETTS TURNPIKE AUTHORITY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 1992.


Attorney(s) appearing for the Case

John J. Spignesi for the plaintiff.

James J. Myers (Stanley A. Martin with him) for Massachusetts Turnpike Authority.

Steven J. Comen for Kiewit Eastern Co., intervener.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


LYNCH, J.

The plaintiff (Sciaba) appeals from an order of a Superior Court judge denying Sciaba's application for injunctive relief. We transferred the case to this court on our own motion. Sciaba argues that: (1) the defendant, the Massachusetts Turnpike Authority (authority), is not authorized to prequalify bidders, and therefore the rejection of its bid at the prequalification stage was improper; (2) the prequalification process adopted by the authority leaves...

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