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GLACIER STATE DISTRIBUTION SERVICES, INC. v. DOT

No. 97-2472.

221 Wis.2d 359 (1998)

585 N.W.2d 652

GLACIER STATE DISTRIBUTION SERVICES, INC., Plaintiff-Appellant, v. WISCONSIN DEPARTMENT OF TRANSPORTATION and Wisconsin Department of Administration, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 6, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Richard A. Westley and David J. Regele of Westley & Regele, S.C., of Madison.

On behalf of the defendants-respondents, the cause was submitted on the brief of James E. Doyle, attorney general, and Kathleen M. Ptacek, assistant attorney general.

Before Eich, Vergeront and Roggensack, JJ.

EICH, J.

Glacier State Distribution Services, Inc., appeals from a summary judgment dismissing its action challenging the Department of Transportation's inclusion of a "stockpiling" requirement into its bid specifications for the state's purchase of road salt. Glacier argues that the requirement—which requires 100% of the salt to be in place in Wisconsin, or at specified locations on the state's borders, by the end of the calendar year—is arbitrary and...

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