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ANGELO IAFRATE CONST. v. STATE, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT

No. 2001 CA 2761.

818 So.2d 973 (2002)

ANGELO IAFRATE CONSTRUCTION, L.L.C. v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT and Barriere Construction Company, L.L.C.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 2, 2002.

Attorney(s) appearing for the Case

Murphy J. Foster, III, David C. Voss, Steven B. Loeb, Baton Rouge, Counsel for Plaintiff/Appellee Angelo Iafrate Construction, L.L.C.

Lawrence A. Durant, Baton Rouge, Counsel for Defendant/Appellant State of Louisiana through the Department of Transportation of Development.

Before: WHIPPLE, FOGG, and GUIDRY, JJ.

GUIDRY, J.

The State of Louisiana, through the Department of Transportation and Development (DOTD), appeals a partial summary judgment, granted in favor of an unsuccessful bidder on a public works bid. Considering the facts and evidence presented, we reverse.

FACTS AND PROCEDURAL HISTORY

In the Spring of 2000, DOTD advertised for bid a primarily federally-funded construction project on Interstate 12 between Livingston and Tangipahoa parishes. The...

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