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SOUTHERN FOODS GROUP v. STATE, DEPT. OF EDUC.

No. 21715.

974 P.2d 1033 (1999)

89 Hawai`i 443

In the Matter of SOUTHERN FOODS GROUP, L.P., dba Meadow Gold Dairies, Petitioner-Appellant, v. STATE of Hawai`i, DEPARTMENT OF EDUCATION, Respondent-Appellee, and House Foods Hawaii Corporation, dba Foremost Dairies Hawaii, Intervenor

Supreme Court of Hawai`i.

March 23, 1999.

Attorney(s) appearing for the Case

Marc E. Rousseau (C. Michael Hare and Dennis J. Gaughan with him on the briefs) of Cades Schutte Fleming & Wright, for petitioner-appellant Southern Foods Group, L.P. dba Meadow Gold Dairies

Russell A. Suzuki, Deputy Attorney General (Patricia Ohara, Deputy Attorney General with him on the brief) for respondent-appellee State of Hawai`i, Department of Education

Michael C. Bird (John T. Komeiji with him on the brief) of Watanabe, Ing & Kawashima for intervenor House Foods Hawaii Corporation dba Foremost Dairies Hawaii

MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, and RAMIL, JJ.

Opinion of the Court by RAMIL, J.

The instant appeal arises from respondent-appellee State of Hawai`i Department of Education (hereinafter referred to as the "DOE")'s procurement of a supplier to furnish and deliver fresh milk to public schools in the State of Hawai`i for the 1998/1999 school year. Petitioner-appellant Southern Foods Group, L.P. dba Meadow Gold Dairies (hereinafter referred to as Meadow Gold) appeals from the Department of Commerce and Consumer Affairs...

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