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WISEMAN CONST. v. MAYNARD C. SMITH CONST.

No. 15-0635.

779 S.E.2d 893 (2015)

WISEMAN CONSTRUCTION COMPANY, INC., Defendant Below, Petitioner, v. MAYNARD C. SMITH CONSTRUCTION COMPANY, INC., Plaintiff Below, Respondent, David Tincher, Director of the Purchasing Division of the Department of Administration; The West Virginia Lottery Commission; John C. Musgrave, Director of the West Virginia Lottery; Jason Pizatella, Cabinet Secretary of The Department of Administration; and Robert S. Kiss, Cabinet Secretary of the Department of Revenue, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 10, 2015.

Attorney(s) appearing for the Case

James M. Cagle, Esq. , Charleston, West Virginia, Attorney for Petitioner, Wiseman Construction Company, Inc.

Patrick Morrisey, Esq. , Attorney General, Kelli D. Talbott, Esq. , Senior Deputy Attorney General, Greg S. Foster, Esq. , Assistant Attorney General, Charleston, West Virginia, Attorneys for State Respondents.

John Philip Melick, Esq. , Nicklaus A. Presley, Esq. , Jackson Kelly PLLC, Charleston, West Virginia, Attorneys for Respondent, Maynard C. Smith Construction Company, Inc.

Respondent Maynard C. Smith Construction Company, Inc. (hereinafter "MCS"), the low bidder on a government construction contract, filed suit to rescind the contract awarded to the next low bidder, Petitioner Wiseman Construction Company, Inc. (hereinafter "Wiseman"). Following an evidentiary hearing, the Circuit Court of...

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