Osiris Enterprises v. Borough of Whitehall

MEMORANDUM

STANDISH, District Judge.

I

Before the Court are the parties’ cross-motions for summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons set forth below, plaintiffs’ motion for summary judgment will be denied and defendants’ cross-motion for summary judgment will be granted.

II

For purposes of the present motions, the undisputed facts, as well as the procedural history of this case and related cases, may be summarized as follows:

On May 24, 2001, defendant Borough of Whitehall (“Borough”) issued a notice to bidders seeking proposals for the reconstruction of storm sewers in the…