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ANDERSON'S EROSION CONTROL, INC. v. ODOT

94C-10093; CA A85183.

917 P.2d 537 (1996)

141 Or. App. 221

ANDERSON'S EROSION CONTROL, INC., and Ross Bros. & Company, Inc., Appellants, v. STATE of Oregon, acting Through DEPARTMENT OF TRANSPORTATION AND OFFICE OF MINORITY, WOMEN AND EMERGING SMALL BUSINESS, Respondent, and Bracelin-Yeager Excavating & Trucking, Inc., Intervenor below.

Court of Appeals of Oregon.

Decided May 29, 1996.

Attorney(s) appearing for the Case

Robert L. O'Halloran, Portland, argued the cause, for appellants. On the briefs were Tamera H. Lesh and Allen, Yazbeck & O'Halloran, P.C.

Robert M. Atkinson, Assistant Attorney General, argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before WARREN, P.J., RICHARDSON, C.J., and EDMONDS, J.

RICHARDSON, Chief Judge.

Plaintiffs appeal a judgment dismissing their complaint for an injunction to prohibit the Oregon Department of Transportation (ODOT) from accepting the bid of and awarding a construction contract to intervenor Bracelin-Yeager Excavating & Trucking, Inc. Plaintiffs had also submitted a bid proposal and brought this action under ORS 279.067(1) as an "adversely affected" bidder. The court, after...

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