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DILLINGHAM CONST. v. MILWAUKEE METRO. SEWERAGE DIST.

Civ. A. No. 86-C-177.

629 F.Supp. 406 (1986)

DILLINGHAM CONSTRUCTION, INC., S.A. Healy Company, Grow Tunneling, Corp., and C. Dew & Sons, Inc. d/b/a Dillingham-Healy-Grow-Dew, a Joint Venture, Plaintiffs, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Defendant, and Traylor Brothers and Traylor Brothers, Inc./Frontier Kemper Construction, Inc., Intervening Defendants.

United States District Court, E.D. Wisconsin.

February 21, 1986.

Attorney(s) appearing for the Case

Robert M. Fitzgerald, Lewis, Mitchell & Moore, Vienna, Va., Kenan J. Kersten, Kersten & McKinnon, Milwaukee, Wis., for plaintiffs.

James H. Petersen, Sr. Staff Atty., Milwaukee Metropolitan Sewerage Dist., Milwaukee, Wis., for defendant.

Joseph W. Annakin, Lacey, Terrell, Annakin, Heldi & Baugh, Evansville, Ind., John H. Tracy and Richard A. Maresca, Gadsby & Hannah, Washington, D.C., John D. Finerty and William S. Roush, Jr., Friebert, Finerty & St. John, S.C., Milwaukee, Wis., for intervening defendants.

DECISION AND ORDER

REYNOLDS, Chief Judge.

Plaintiffs brought this action on February 18, 1986, to prevent the Milwaukee Metropolitan Sewerage District (MMSD) from entering into a construction contract with Traylor Brothers and Traylor Brothers, Inc./Frontier Kemper Construction, Inc., (Traylor). Plaintiffs' bid for the contract in question was rejected by MMSD because Traylor's bid was roughly 2 million dollars lower. Plaintiff claims that Traylor's bid...

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