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STALLINGS CONST. CO., INC. v. STATE OF LS & EXP'N DIST.

No. 98-CA-1527.

745 So.2d 34 (1998)

STALLINGS CONSTRUCTION COMPANY, INC., The Lemoine Company, Incorporated, and Stallings Construction Company, Inc. and the Lemoine Company, Incorporated, A Joint Venture v. STATE of Louisiana Through The LOUISIANA STADIUM AND EXPOSITION DISTRICT.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Denying Rehearing February 3, 1999.

Attorney(s) appearing for the Case

Murphy J. Foster, III, Steven B. Loeb, Breazeale, Sachse & Wilson, L.L.P., Baton Rouge, for Plaintiffs/Appellants Stallings Construction Company, Inc., The Lemoine Company, Inc. and Stallings Construction, Inc. and The Lemoine Company, Inc., a Joint Venture.

H. Bruce Shreves, Denise C. Puente, Simon, Peragine, Smith & Redfearn, L.L.P., New Orleans, for Third Party Defendant/Appellee Carl E. Woodward, Inc.

Jack M. Capella, Capella Law Firm, Metairie, for Defendant/Appellee Louisiana Stadium and Exposition District.

Court composed of Judge WILLIAM H. BYRNES, III, Judge JOAN BERNARD ARMSTRONG and Judge JAMES F. McKAY, III.

ARMSTRONG, Judge.

In this case, the plaintiffs, disappointed bidders on a public construction contract, allege that the contract was illegally awarded to another bidder. The dispositive facts were stipulated to by the parties and the trial court, deciding the case without a jury, found that the contract was not awarded illegally and so dismissed the plaintiff's action. The plaintiffs appeal. The plaintiffs rely upon one of the public

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