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OGDEN FOODS v. STATE FARM PRODUCTS SHOW COMMISSION (01/07/74)

decided: January 7, 1974.

OGDEN FOODS, INC.
v.
STATE FARM PRODUCTS SHOW COMMISSION, JAMES A. MCHALE, SECRETARY OF AGRICULTURE FOR THE COMMONWEALTH OF PENNSYLVANIA, GOVERNOR MILTON J. SHAPP, RAYMOND J. KERSTETTER, DR. JAMES BEATTIE, DR. GEORGE MARSHALL, DR. THOMAS B. KING, JOHN M. PHILLIPS, RENO H. THOMAS, MERLE E. MILLER, JAMES A. CONNERS, WELLINGTON D. SMITH, ELTON B. TAIT, FRANK ZETTLE, MEMBERS OF THE STATE FARM PRODUCTS SHOW COMMISSION, DEPARTMENT OF AGRICULTURE



Original jurisdiction in case of Ogden Foods, Inc. v. State Farm Products Show Commission, James A. McHale, Secretary of Agriculture for the Commonwealth of Pennsylvania, Governor Milton J. Shapp, Raymond J. Kerstetter, Dr. James Beattie, Dr. George Marshall, Dr. Thomas B. King, John M. Phillips, Reno H. Thomas, Merle E. Miller, James A. Conners, Wellington D. Smith, Elton B. Tait, Frank Zettle, Members of the State Farm Products Show Commission.

COUNSEL

Ralph S. Snyder, with him Kimber E. Vought and Schnader, Harrison, Segal and Lewis, for plaintiff.

J. Justin Blewitt, Jr., Deputy Attorney General, for defendants.

Judge Rogers. Rogers, J.

Author: Rogers

[ 11 Pa. Commw. Page 436]

Adjudication

The plaintiff, Ogden Foods, Inc., seeks in this suit in equity a decree which would enjoin the defendants from awarding the food and beverage concession at the State Farm Show Building to a competitor, Nilon Brothers, Inc., and which would order the defendant State Farm Products Show Commission to enter into a contract with the plaintiff for that concession. After hearing we granted plaintiff's motion that the Commission be enjoined preliminarily from entering into a contract with Nilon Brothers, Inc., as it intended to do. The parties have now stipulated that our preliminary order should be made permanent and the record closed to the end that we may promptly decide what further relief the plaintiff may be entitled to have. The only further relief the plaintiff now contends it should have is that the contract be awarded to it, based upon the asserted factual ground that its bid was the best submitted to the Commission in response to its Invitation by public advertisement. The defendants intend, if the plaintiff is denied this relief, to reject all bids and to prepare new specifications for public bidding. The issue, then, is whether on the record and in the circumstances the plaintiff is entitled to an order directing that the Commission contract with the plaintiff for the concession in accordance with the Invitation and the plaintiff's bid.

[ 11 Pa. Commw. Page 437]

Findings of Fact

1. Ogden Foods, Inc. is a corporation duly organized and existing under the laws of the State of Delaware, with its principal place of business at 3360 South Lawrence Street, Philadelphia, Pennsylvania 19148, and is engaged, inter alia, in the business of acting as a food concessionaire at public places such as the State Farm Show Building. Plaintiff is, and at all times pertinent hereto has been, licensed to do business within the Commonwealth of Pennsylvania. Plaintiff is, and at all times pertinent hereto has been, a taxpayer of the Commonwealth of Pennsylvania.

2. Defendant James A. McHale is Secretary of the Department of Agriculture for the Commonwealth of Pennsylvania.

3. Defendant, The State Farm Products Show Commission ("Commission") was created by the General Assembly of the Commonwealth of Pennsylvania by the Act of April 9, 1929, P.L. 177, art. XVII, § 1709 (71 P.S. § 449), and is a commission operating under the supervision of the Secretary of the Department of Agriculture.

4. Defendants, Milton J. Shapp, James A. McHale, Raymond Kerstetter, James Beattie, George Marshall, Thomas B. King, Wellington D. Smith, Elton B. Tait, Frank Zettle, John M. Phillips, Reno H. Thomas, Merle E. ...


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