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J & S SERVICES, INC. v. TOMTER

No. S-11375.

139 P.3d 544 (2006)

J & S SERVICES, INC., Appellant, v. Matthew A. TOMTER, and the State of Alaska, Department of Natural Resources, Appellees.

Supreme Court of Alaska.

July 21, 2006.

Attorney(s) appearing for the Case

Herbert A. Viergutz, Anchorage, for Appellant.

Erin B. Marston and Colleen J. Moore, Marston & Cole, P.C., Anchorage, for Appellee Tomter.

Stephanie Galbraith Moore and David H. Knapp, Assistant Attorneys General, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Appellee State of Alaska, Department of Natural Resources.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

In this case we must determine whether the Alaska State Procurement Code's exclusive remedy provision bars a disappointed contractor from suing the state and a state procurement officer in contract and tort for money damages resulting from allegedly intentional misconduct in awarding a contract under a state-issued request for proposals. Here, because the exclusive remedy provision unequivocally...

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