Legal Opinion

F-M Asphalt, Inc. v. North Dakota State Highway Department

North Dakota Supreme Court

Decided October 18, 1988No. Civ. 880082PublishedCited by 5 opinions

1Opinion of the Court

GIERKE, Justice.

F-M Asphalt, Inc. (F-M), appealed from a district court summary judgment dismissing its action for damages and a declaratory judgment that its bid met the requirements of the Bidders Proposal for a construction project and that the contract should have been awarded to F-M. We affirm.

F-M was the low bidder on a construction project which was subject to Special Provision 650 (S.P. 650), a four-page provision in the Bidders Proposal, dealing with the utilization of minority and women-owned business enterprises (M/WBE’s) as subcontractors. S.P. 650 set percentage goals for the…

2Cases cited4 opinions

  1. Hospital Services, Inc. v. BrooksNorth Dakota Supreme Court · 1975
  2. Sorlie v. NessNorth Dakota Supreme Court · 1982
  3. Production Credit Ass'n of Fargo v. FossNorth Dakota Supreme Court · 1986
  4. F-M Asphalt, Inc. v. North Dakota State Highway DepartmentNorth Dakota Supreme Court · 1986

3Cited by5 opinions

  1. Metropolitan Air Research Testing Authority, Inc. v. Metropolitan Government of NashvilleCourt of Appeals of Tennessee · 1992
  2. B.W.S. Investments v. Mid-Am Restaurants, Inc.North Dakota Supreme Court · 1990
  3. Carl Bolander & Sons Co. v. City of MinneapolisSupreme Court of Minnesota · 1990
  4. In Re Gateway Investors, Ltd.United States Bankruptcy Court, D. North Dakota · 1990
  5. B.W.S. Investments v. Mid-Am Restaurants, Inc.North Dakota Supreme Court · 1990

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