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JAMES CAPE & SONS CO. v. MULCAHY

No. 02-2817.

268 Wis.2d 203 (2003)

2003 WI App 229

672 N.W.2d 292

JAMES CAPE & SONS COMPANY, Plaintiff-Respondent, v. Terrence D. MULCAHY, Secretary, and State of Wisconsin Department of Transportation, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided October 30, 2003.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Frank D. Remington, assistant attorney general, and James E. Doyle, attorney general.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Brian W. Mullins and Carl A. Sinderbrand of Wickwire Gavin P.C., Madison.

Before Deininger, P.J., Vergeront and Lundsten, JJ.

¶ 1. DEININGER, P.J.

The Wisconsin Department of Transportation and its secretary appeal an order granting summary judgment in favor of James Cape & Sons Company, a road builder. The effect of the order is to release Cape from its $100,000 "proposal guaranty" that the department declared forfeited when Cape refused to perform a road construction contract on which it had submitted the low bid. The State claims Cape...

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