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LABORATORY CORP. AMERICA HOLDING v. RUDOLPH

No. 2004-CA-001025-MR.

184 S.W.3d 68 (2005)

LABORATORY CORPORATION OF AMERICA HOLDINGS, Appellant, v. Hon. Robbie RUDOLPH, Not Individually, But As Secretary, Commonwealth of Kentucky, Finance and Administration Cabinet; Commonwealth of Kentucky, Finance and Administration Cabinet; Commonwealth of Kentucky, Cabinet for Health and Family Services, As Successor to the Cabinet for Families and Children; and Paternity Testing Corporation, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 11, 2006.

Attorney(s) appearing for the Case

Bruce F. Clark, Mark W. Leach, Stites & Harbison, PLLC, Louisville, KY, for Appellant.

Nora K. McCormick, Assistant General Counsel of Cabinet for Health and Family Services Frankfort, KY, for Appellee, Cabinet for Health and Family Services.

Gregory D. Stumbo Attorney General of Kentucky, Raymond F. DeBolt, Jr., Assistant Attorney General Frankfort, KY, for Appellees, Robbie Rudolph and Finance and Administration Cabinet.

Donald P. Cetrulo, Lexington, KY, for Appellee, Paternity Testing Corporation.

Before GUIDUGLI, McANULTY, and MINTON, Judges.

OPINION

McANULTY, Judge.

In this case, Laboratory Corporation of America (LabCorp) seeks review under the Kentucky Model Procurement Code (KMPC) of the former Cabinet for Families and Children's decision to award the contract for statewide genetic testing services for the 2004 fiscal year to Paternity Testing Corporation (PTC). As characterized by LabCorp, this case is about the arbitrary and capricious award to a non-responsive, non-responsible bidder...

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