Brasel & Sims Construction Co. v. State Highway Commission of Wyoming

ORDER DENYING REHEARING

ROONEY, Chief Justice.

After careful consideration of appellee’s Application for Rehearing, this court finds that, by its opinion and decision heretofore handed down:

(1) it has not declared invalid any provision of the contract between appellee and appellant;

(2) it does not prohibit the claim procedures provided by § 105.17 of the Wyoming Highway Department Specifications for Road and Bridge Construction, 1974;

(3) it does not declare the hearing procedure before the appellee improper;

(4) it does hold that the findings of fact, conclusions of law and decision of the appel-lee following such hearing are not reviewable by the district court on a petition for *273review under the administrative procedure act;

(5) it does hold that appellant’s recourse is by a suit against appellee as authorized by § 24-2-101(e), W.S.1977, Cum.Supp. 1982.

The court does not, nor does it intend that this order in any way alter its opinion and decision of December 14, 1982.

It is, therefore,

ORDERED that appellee’s Application for Rehearing be, and is, denied.