JAMES CAPE & SONS COMPANY, Plaintiff-Respondent,
v.
Terrence D. MULCAHY, Secretary, and State of Wisconsin Department of Transportation, Defendants-Appellants-Petitioners.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument April 29, 2004 and April 26, 2005.
Decided July 15, 2005.
Attorney(s) appearing for the Case
For the defendants-appellants-petitioners the cause was argued by Charlotte Gibson, assistant attorney general, with whom on the briefs was Peggy A. Lautenschlager, attorney general.
For the plaintiff-respondent there were briefs by Brian W. Mullins, Carl A. Sinderbrand and Wickwire Gavin P.C., Madison, and oral argument by Carl A. Sinderbrand.
An amicus curiae brief was filed by Raymond P. Taffora, Charles V. Sweeney, Dereck R. Brower and Michael Best & Friedrich, LLP, Waukesha, on behalf of the Wisconsin Transportation Builders Association, AGC of Wisconsin, Inc., and Associated Builders and Contractors of Wisconsin, Inc.
Supreme Court of Wisconsin.
¶ 1. DAVID T. PROSSER, J.
This is a review of a published decision of the court of appeals1 affirming a circuit court order granting summary judgment in favor of the plaintiff, James Cape & Sons Company (Cape), in a dispute over forfeiture of a proposal guaranty/bid bond. The issue is whether Cape can recover a $100,000 proposal guaranty that the Department of Transportation (DOT) declared...
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