10th Circ. Says Ex-Officials Immune From Contractor's Claim

Law360, Chicago (March 7, 2012, 6:31 PM EST) -- The Tenth Circuit on Tuesday tossed Fisher Sand & Gravel Co.'s due process claim against two former New Mexico officials over a highway construction contract it lost, finding the company's implied agreement with the agency did not provide a due process right the individuals could violate.

Reversing a New Mexico federal court's partial denial of a motion to dismiss lodged by Gary Giron, former cabinet secretary of the New Mexico Department of Transportation, and former state DOT Deputy Secretary Max Valerio, a three-judge panel found that...
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