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L & D TRUCKING v. MNDOT

No. C9-99-768.

600 N.W.2d 734 (1999)

L & D TRUCKING, et al., Respondents, v. MINNESOTA DEPARTMENT OF TRANSPORTATION, et al., Appellants, International Union of Operating Engineers, Local 49, Intervenors.

Court of Appeals of Minnesota.

October 12, 1999.

Attorney(s) appearing for the Case

Gerald S. Duffy, Wm. Christopher Penwell, James A. Yarosh, Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, MN (for respondents).

Mike Hatch, Attorney General, Michael A. Sindt, Assistant Attorney General, St. Paul, MN (for appellants).

Paul W. Iversen, Williams & Iversen, P.A., St. Paul, MN (for intervenors).

Considered and decided by WILLIS, Presiding Judge, ANDERSON, Judge, and FOLEY, Judge.

OPINION

WILLIS, Judge.

Appellants challenge the district court's orders holding the Minnesota Department of Transportation (MnDOT) in constructive willful contempt of two court orders and awarding respondents $7,975 in attorney fees. We reverse.

FACTS

In December 1996, MnDOT included with its materials sent to contractors viewed as prospective bidders on state highway projects a notice announcing its interpretation of the term "commercial...

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