MOONEY'S v. S.D. DEPT. OF TRANSP.

No. 17397.

482 N.W.2d 43 (1992)

MOONEY'S, INC., Plaintiff and Appellant, v. SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 4, 1992.


Attorney(s) appearing for the Case

Dean B. Thomson, Carrie A. Green, Fabyanske, Svoboda, Westra, Davis & Hart, P.A., St. Paul, Edward C. Carpenter, Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for plaintiff and appellant.

Ronald W. Banks, Banks, Johnson, Johnson, Colbath and Hoffman, P.C., Rapid City, for defendant and appellee.


SABERS, Justice.

Contractor appeals partial summary judgment. We affirm.

FACTS

Mooney's, Inc. (Mooney's) is a Minnesota based contractor. Mooney's received notices soliciting bids on three asphalt resurfacing projects from the South Dakota Department of Transportation (DOT). The first was for resurfacing Highway 273 in Lyman County, the second and third were for resurfacing Route 6154 and Highway 26 in Sully County. Mooney's received the notices...

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