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JAL CONST., INC. v. FRIEDMAN

01CV0231ST; A117311.

83 P.3d 332 (2004)

191 Or. App. 492

JAL CONSTRUCTION, INC., a corporation, Respondent, v. Bill FRIEDMAN, acting in his capacity as Mayor of the City of Bend; and Mike Elmore, acting in his capacity as the Public Works Director, Defendants, and City of Bend, a municipal corporation, Appellant.

Court of Appeals of Oregon.

Decided January 21, 2004.

Attorney(s) appearing for the Case

Jason Montgomery argued the cause for appellant. On the briefs were Robert E. Franz, Jr., Springfield, and Law Office of Robert E. Franz, Jr.

Jeffrey B. Wilkinson, Portland, argued the cause for respondent. With him on the brief were Matthew A. Wand and Stewart Sokol & Gray, LLC.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

LINDER, J.

This is an action under ORS 279.067 brought by JAL Construction (JAL), which was an unsuccessful bidder on a City of Bend (the city) public contract. On cross-motions for summary judgment, the trial court granted summary judgment in favor of JAL and awarded it damages. The sole issue on appeal is whether the city unlawfully awarded the contract to bidder Hap Taylor & Sons (HTS). That issue, in turn, depends on whether HTS substantially complied with...

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