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State Alaska v. Lundgren Pacific

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eBook details

  • Title: State Alaska v. Lundgren Pacific
  • Author : Supreme Court of Alaska
  • Release Date : January 30, 1979
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

BOOCHEVER, Justice. OPINION. At stake in this appeal is whether a corporation which contracted with the State Department of Highways and received an adverse decision from the contracting officer after following contractual dispute provisions is entitled to bring a new suit against the state; and if not, whether the appeal from the contracting officers decision should consist of a review on the record or a trial de novo. We hold that the proper procedure is an appeal under Appellate Rule 45 rather than a new suit. We further hold that the contractor is entitled to a de novo hearing if a hearing conforming to due process requirements was not provided by the Department or if the contract is construed as providing a de novo hearing.


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