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Law Warehouses appeals loss of state liquor contract to N.H. Supreme Court

New Hampshire Union Leader

July 12. 2013 8:43PM

CONCORD — Law Warehouses of Nashua has taken its case to the state Supreme Court, asking the High Court to overrule a Superior Court judge who refused to grant an injunction blocking the transfer of the state Liquor Commission warehousing business to Exel of Westerville, Ohio.

The petition filed on Friday also asks the Supreme Court to both hear and rule on the appeal of Judge Diane Nicolosi's decision before Exel begins work for the state in November.

In denying the request for an injunction from the trucking and warehouse company that's held the contract since the 1990s, Nicolosi wrote that Law "failed to produce compelling evidence of favoritism or material deviation from bidding requirements."

In their appeal, Law's attorneys ask the justices to rule on whether Nicolosi erred on a number of points, including her assertion that Law Warehouses failed to demonstrate a likelihood of success at trial.

A review would give the Supreme Court an opportunity to address fundamental issues about the competitive bidding process in the state, according to Law's attorneys.

"The public has an interest in ensuring that the 20-year contract, which has been valued at approximately $200 million, was awarded fairly, and secures the best work or supplies at the lowest prices practicable," they write.

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