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ALPHA PAINTING & CONST. v. DELAWARE RIVER PORT

No. 16-3791.

853 F.3d 671 (2017)

ALPHA PAINTING & CONSTRUCTION CO INC. v. DELAWARE RIVER PORT AUTHORITY OF the Commonwealth of PENNSYLVANIA AND the State of NEW JERSEY, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: April 6, 2017.

Attorney(s) appearing for the Case

John M. Elliott, Esq. [ARGUED], Bruce W. Kauffman, Esq. , Thomas J. Elliott, Esq. , Stewart J. Greenleaf, Jr., Esq. , Elliot Greenleaf, P.C., 925 Harvest Drive, Suite 300, Blue Bell, PA 19422, Counsel for Appellant Delaware River Port Authority of the Commonwealth of Pennsylvania & the State of New Jersey.

Jennifer A. Hradil, Esq. [ARGUED], Kaitlyn E. Stone, Esq , Peter J. Torcicollo, Esq. , Kevin W. Weber, Esq. , Gibbons P.C., One Gateway Center, Newark, NJ 07102, Counsel for Appellee Alpha Painting & Construction Company, Inc.

Before: McKEE, RENDELL, and FUENTES, Circuit Judges.

OPINION

This case arises from a bitter bidding dispute for a contract to strip and repaint the Commodore Barry Bridge. The Delaware River Port Authority ("DRPA") rejected the lowest bidder, Alpha Painting & Construction Company, Inc. ("Alpha"), because it determined that Alpha was not a "responsible" contractor...

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