This section contains the nature of the case and procedural background.

Moorhead, Minnesota advertised bids to build a wastewater treatment facility. Bids from the general contractors were opened, and a Madsen won the bid to build the facility. Shortly before the bids were due, P gave Madsen (D) a bid over the phone 2-3 hours before the general bid was due to the city. P also submitted bids to six other general contractors for the same project. D used P's bid in preparing its bid. P was listed, as required by the city, as one of D's subs. D eventually awarded the actual work on the project to Van Knight Steel Erection, Inc. based on its qualification as a minority-owned business. P was then informed that D awarded that portion of the contract to Knight. P sued. The trial court indicated that no contract had been formed and granted summary judgment to D.

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