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KINSEY CONTRACTING COMPANY INC., v. CITY OF FAYETTEVILLE

No. 9112SC637.

416 S.E.2d 607 (1992)

106 N.C. App. 383

KINSEY CONTRACTING COMPANY, INC., Plaintiff, v. CITY OF FAYETTEVILLE, A municipal corporation, Defendant.

Court of Appeals of North Carolina.

June 2, 1992.

Attorney(s) appearing for the Case

Bryan, Jones, Johnson & Snow by James M. Johnson, Dunn, for plaintiff-appellant.

Reid, Lewis, Deese & Nance by Marland C. Reid, Fayetteville, for defendant-appellee.

ARNOLD, Judge.

Plaintiff argues the trial court erred in concluding that plaintiff failed to show that defendant's rejection of its bid was an abuse of discretion under N.C.Gen.Stat. § 143-128 (1990). In reviewing the decision of a local government to award a public contract " `[i]t is a general rule that officers of a municipal corporation, in the letting of municipal contracts, perform not merely ministerial duties but duties of a judicial and discretionary...

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