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M.P.G. CONST., INC. v. DOTD

No. 2003 CA 0164.

878 So.2d 624 (2004)

M.P.G. CONSTRUCTION, INC. and Alpha Painting & Construction Co., Inc., a Joint Venture v. The DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

Writ Denied June 4, 2004.

Attorney(s) appearing for the Case

W.P. Wray, Jr., Christopher P. Pierce, Baton Rouge, for Plaintiffs-Appellees M.P.G. Construction, Inc. and Alpha Painting and Construction, a Joint Venture.

Cheryl L. Duvieilh, Baton Rouge, for Defendant-Appellant # 1 Louisiana Department of Transportation and Development.

Emile Joseph, Jr., Lafayette, for Intervenor-Appellant # 2 Certified Coatings of California, Inc.

Before: PETTIGREW, DOWNING, and McCLENDON, JJ.

PETTIGREW, J.

Unsuccessful bidder on highway construction project brought action against the State of Louisiana, through the Department of Transportation and Development ("DOTD"), seeking to enjoin the award of the contract. After writs were exhausted, successful bidder intervened and joined DOTD's reconventional demand for damages against unsuccessful bidder for delay of the project. Cross motions for summary judgment were filed by both sides. The trial court granted...

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