Coyne-Delany Co., Inc. v. Capital Dev. Bd. of the State of Illinois, 616 F.2d 341 (7th Cir. 1980). · Go Syfert
Coyne-Delany Co., Inc. v. Capital Dev. Bd. of the State of Illinois, 616 F.2d 341 (7th Cir. 1980). Cases Citing This Book View Copy Cite
69 citation events (20 in the last 25 years) across 26 distinct courts.
Strongest positive: AstraZeneca Pharmaceuticals LP v. Becerra (ded, 2024-03-01)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) AstraZeneca Pharmaceuticals LP v. Becerra
D. Del. · 2024 · quote attribution · 1 verbatim quote · confidence high
no one has a 'right' to sell to the government that 40 which the government does not wish to buy.
discussed Cited as authority (verbatim quote) Western Illinois Service Coordination v. Illinois Department of Human Services
C.D. Ill. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a bidder on a government contract has no legally enforceable rights against the award of the contract to a competitor other than those the government has seen fit to confer.
examined Cited as authority (verbatim quote) Martin Marietta Materials, Inc. v. Kansas Department of Transportation (4×) also: Cited as authority (rule)
10th Cir. · 2016 · signal: see · quote attribution · 2 verbatim quotes · confidence high
a potential supplier to the state has no property interest in having its product purchased or specified.
cited Cited as authority (rule) Teva Pharmaceuticals USA, Inc. v. Becerra
D.D.C. · 2025 · confidence medium
Bd., 616 F.2d 341, 342 (7th Cir. 1980) (quotation omitted); see also Perkins, 310 U.S. at 127 (the Government may “determine those with whom it will deal” and upon what “terms and conditions”).
cited Cited as authority (rule) NOVO NORDISK INC. v. BECERRA
D.N.J. · 2024 · confidence medium
Bd. of State of Ill., 616 F.2d 341, 342 (7th Cir. 1980))).
cited Cited as authority (rule) Trihealth, Inc. v. Board of Commissioners, Hamilton County, Ohio
6th Cir. · 2005 · confidence medium
Bd., 616 F.2d 341, 343 (7th Cir. 1980).
cited Cited as authority (rule) Trihealth Inc. v. Bd Comm Ham Cnty OH
6th Cir. · 2005 · confidence medium
Bd., 616 F.2d 341, 343 (7th Cir. 1980).
discussed Cited as authority (rule) TriHealth, Inc. v. Board of Commissioners
S.D. Ohio · 2004 · confidence medium
Bd., 616 F.2d 341, 343 (7th Cir.1980). *553 Moreover, TriHealth’s allegation that the County Defendants violated the Equal Protection Clause by engaging in disparate treatment in defiance of the controlling law is fundamentally confused.
discussed Cited as authority (rule) Grand Design Golf, Ltd. v. Glinstra
D. Kan. · 2000 · confidence medium
This court is aware of "no authority ‘holding or suggesting that the exercise by a state of a consumer’s choice between competing products denies the disappointed supplier equal protection of the laws.' ” See Curtis Ambulance v. Board of County Commissioners of County of Shawnee, Kansas, 811 F.2d 1371, 1385 (10th Cir.1987) (affirming 12(b)(6) dismissal of disappointed bidders’ equal protection claim) (quoting Coyne-Delany Co. v. Capital Development Bd., 616 F.2d 341, 343 (7th Cir.1980)).
cited Cited as authority (rule) Foto USA, Inc. v. Board of Regents of the University System of Florida
11th Cir. · 1998 · confidence medium
Bd., 616 F.2d 341, 342 (7th Cir.1980).
cited Cited as authority (rule) Foto USA, Inc. v. Board of Regents
11th Cir. · 1998 · confidence medium
Bd., 616 F.2d 341, 342 (7th Cir. 1980).
discussed Cited as authority (rule) Hinesburg Sand & Gravel Co. v. State (2×) also: Cited "see"
Vt. · 1997 · confidence medium
Bd., 616 F.2d 341, 342 (7th Cir. 1980).
discussed Cited as authority (rule) Training Institute, Inc. v. City of Chicago
N.D. Ill. · 1996 · confidence medium
See, e.g., Szabo Food Service, Inc. v. Canteen Corp., 823 F.2d 1073, 1081 (7th Cir.1987) (“[A] disappointed bidder for a contract in Illinois lacks a property interest.”), cert. dismissed, 485 U.S. 901 , 108 S.Ct. 1101 , 99 L.Ed.2d 229 (1988); Coyne-Delany Co., Inc. v. Capital Development Board of State of Illinois, 616 F.2d 341, 342-43 (7th Cir.1980) (“A bidder on a government contract has no legally enforceable rights against the award of the contract to a competitor other than those the government has seen fit to confer. * * * Illinois has not conferred any right on bidders-”).
cited Cited as authority (rule) Hoagy Wrecker Service, Inc. v. City of Fort Wayne
N.D. Ind. · 1991 · confidence medium
Coyne-Delany Co. v. Capital Development Bd., 616 F.2d 341, 342 (7th Cir. 1980).
cited Cited as authority (rule) Buckley Construction, Inc. v. Shawnee Civic & Cultural Development Authority
10th Cir. · 1991 · confidence medium
Bd., 616 F.2d 341, 343 (7th Cir.1980).
cited Cited as authority (rule) Buckley Construction, Inc. v. Shawnee Civic & Cultural Development Authority
10th Cir. · 1991 · confidence medium
Bd., 616 F.2d 341, 343 (7th Cir.1980).
cited Cited as authority (rule) Grosz v. State of Ind.
S.D. Ind. · 1990 · confidence medium
Bd., 616 F.2d 341, 342 (7th Cir.1980).
cited Cited as authority (rule) Curtis Ambulance of Florida, Inc. v. Board of County Commissioners of the County of Shawnee, Kansas, and Medevac Midamerica, Inc.
10th Cir. · 1987 · confidence medium
Bd., 616 F.2d 341, 343 (7th Cir.1980).
cited Cited as authority (rule) Stone Mountain Game Ranch, Inc. v. Hunt
11th Cir. · 1984 · confidence medium
Coyne-Delaney Co. v. Capital Development Bd., 616 F.2d 341, 342-43 (7th Cir.1980) (no one has a right to sell to the government that which the government does not wish to buy).
cited Cited as authority (rule) Stone Mountain Game Ranch, Inc. v. Hunt, III
11th Cir. · 1984 · confidence medium
Coyne-Delaney Co. v. Capital Development Bd., 616 F.2d 341, 342-43 (7th Cir.1980) (no one has a right to sell to the government that which the government does not wish to buy).
discussed Cited as authority (rule) Donald Green v. Board of School Commissioners of the City of Indianapolis
7th Cir. · 1983 · confidence medium
There is reason to doubt whether the Fourteenth Amendment was intended to allow every person with a breach of contract claim against a state to bring that claim in federal Court (see McCormick v. Oklahoma City, 236 U.S. 657 , 35 S.Ct. 455 , 59 L.Ed. 771 ; Coyne-Delany Co. v. Capital Development Bd. of State of Ill, 616 F.2d 341, 343 (7th Cir.1980).
discussed Cited "see" Beary Landscaping, Inc. v. Ludwig
N.D. Ill. · 2007 · signal: see · confidence high
See id. at 342 ("Like private individuals and businesses, the Government enjoys the unrestricted power ... to determine those with whom it will deal, and to fix the terms and conditions upon which it will make needed purchases.”) (internal quotation marks and citation omitted).
cited Cited "see" In Re Nepsco, Inc.
Bankr. D. Me. · 1983 · signal: see · confidence high
See Coyne-Delany Co., Inc. v. Capital Development Board of the State of Illinois, 616 F.2d 341, 342-43 (7th Cir.1980).
cited Cited "see" Northwest Disposal Co. v. Village of Fox Lake
Ill. App. Ct. · 1983 · signal: see · confidence high
See Coyne-Delany Co. v. Capital Development Board (7th Cir. 1980), 616 F.2d 341, 343 ; Polyvend, Inc. v. Puckorius (1979), 77 Ill. 2d 287, 294-96 , appeal dismissed (1980), 444 U.S. 1062 , 62 L.
discussed Cited "see" Polyvend, Inc. v. Puckorius
Ill. App. Ct. · 1980 · signal: see · confidence high
See Coyne-Delany Co. v. Capital Development Board (7th Cir. 1980), 616 F.2d 341 .) Instead, under circumstances like the present, “the Government enjoys the unrestricted power to produce its own supplies, to determine those with whom it will deal, and to fix the terms and conditions upon which it will make needed purchases.” (Perkins v. Lukens Steel Co. (1940), 310 U.S. 113, 127 , 84 L.
cited Cited "see, e.g." Sorrels Steel Co., Inc. v. Great Southwest Corp.
S.D. Miss. · 1986 · signal: see also · confidence medium
See also Martin & Martin, 616 F.2d at 341.
discussed Cited "see, e.g." American Conveyor Corp. v. Municipality of Guanica (2×)
D.P.R. · 1985 · signal: see also · confidence low
See also, Coyne-Delany Co. v. Development Bd., 616 F.2d 341 (7th Cir.1980); Cincinnati Electronics Corp. v. Kleppe, 509 F.2d 1080, 1083 (6th Cir.1975).
discussed Cited "see, e.g." Robert K. Bell Enterprises, Inc. v. Tulsa County Fairgrounds Trust Authority
Okla. · 1985 · signal: see also · confidence low
See American Yearbook Co. v. Askew, 339 F.Supp. 719 (M.D.Fla.1972) aff. 409 U.S. 904 , 93 S.Ct. 230 , 34 L.Ed.2d 168 (when state exercises business power it is subject to no more limitation than a private individual with regard to equal protection argument); See also Coyne-Delany Co., Inc. v. Capital Development Board, 616 F.2d 341 (7th Cir.1980) (no equal protection argument from state’s decision to deal with competitor). 18 .
Retrieving the full opinion text from the archive…
COYNE-DELANY CO., INC., Plaintiff-Appellee,
v.
CAPITAL DEVELOPMENT BOARD OF the STATE OF ILLINOIS Et Al., Defendants-Appellants
79-1928.
Court of Appeals for the Seventh Circuit.
Feb 22, 1980.
616 F.2d 341
1980 U.S. App. LEXIS 20269
Robert G. Epsteen, Asst. Atty. Gen., Chicago, Ill., for defendants-appellants., John F. Canna, Chicago Heights, Ill., for plaintiff-appellee.
Swygert, Pell, Tone.
Cited by 44 opinions  |  Published
PER CURIAM.

The State of Illinois had an unfortunate experience with plaintiff’s newly-installed flush valves in Stateville prison. Whether rightly or not, the prison authorities concluded that plaintiff’s valves, and not the prison plumbing system, were at fault and requested the state purchasing agency to specify another manufacturer’s valves for the next rehabilitation project at the prison. The purchasing agency did so. Plaintiff then brought this action under 42 U.S.C. § 1983, seeking to enjoin the state agency from specifying the competitor’s valves. After an evidentiary hearing on the cause of the problems at Stateville and the merits of the competing flush valves, the district court issued a preliminary injunction as requested by the plaintiff. We reverse.

We believe the principles that govern this case are those declared in Perkins v. Lukens Steel Co., 310 U.S. 113, 60 S.Ct. 869, 84 L.Ed. 1108 (1940). Although, as the district court noted, concepts of standing may have changed since Perkins, the underlying rationale of that case has not: government enjoys a broad freedom to deal with whom it chooses on such terms as it chooses; no one has a “right” to sell to the government that which the government does not wish to buy. Thus the Court said,

Like private individuals and businesses, the Government enjoys the unrestricted power ... to determine those with whom it will deal, and to fix the terms and conditions upon which it will make needed purchases.

Id. at 127, 60 S.Ct. at 876. We believe state governments, like the federal government, possess this power. A bidder on a govern-[*343] merit contract has no legally enforceable rights against the award of the contract to a competitor other than those the government has seen fit to confer. Cincinnati Electronics Corp. v. Kleppe, 509 F.2d 1080, 1083, 1086 (6th Cir. 1975). Those who bid on state government contracts are subject to the same principle. A supplier such as plaintiff, who hopes to sell goods through a wholesaler to bidders on a state contract, clearly is in no better position than a bidder. Illinois has not conferred any right on bidders, Polyvend, Inc. v. Puckorius, 77 Ill.2d 287, 32 Ill.Dec. 872, 395 N.E.2d 1376 (1979), or, a fortiori, on those who would supply goods to bidders. In making “purchases necessary to [its] operation of . Government,” the executive branch of a state government, no less than the federal executive branch, has an “adequate range of discretion free from vexations and dilatory restraints at the suits of prospective or potential sellers.” Perkins v. Lukens Steel Co., supra, 310 U.S. at 127, 60 S.Ct. at 877. The actions of the State of Illinois in this case were well within this range of discretion.

The rationale of Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972), is, in our opinion, inapplicable to the procurement situation; but even if it were, plaintiff has failed to show either a property or a liberty interest entitled to procedural due process protection. As we have already noted, a potential supplier to the state has no property interest in having its product purchased or specified. Cf. Polyvend, Inc. v. Puckorius, supra. The specification of a competitor’s product does not infringe a protected liberty interest. Cf. Paul v. Davis, 424 U.S. 693, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1976). Accordingly, plaintiff was not entitled to a due process hearing to determine whether the state action in specifying a competitor’s product had a rational basis.

Nor does plaintiff’s equal protection claim have merit. Plaintiff has cited no case, and we are aware of none, holding or suggesting that the exercise by a state of a consumer’s choice between competing products denies the disappointed supplier equal protection of the laws. Even assuming that the doctrine of Perkins v. Lukens Steel Co., supra, leaves some room for an equal protection argument in a procurement context, the plaintiff would be required to establish more than that the purchasing decision is wrong or unjustifiable on the merits. At least in the absence of an invidious and “discriminatory design to favor one individual . . . over another,” Snowden v. Hughes, 321 U.S. 1, 8, 64 S.Ct. 397, 401, 88 L.Ed. 497 (1944), which has neither been alleged * by plaintiff nor found by the district court in the case at bar, a state agency’s purchasing decision is not subject to review in federal court.

Plaintiff having failed to show a probability of ultimate success, the preliminary injunction order is reversed. The mandate shall issue forthwith.

*

The allegation that the selection of the competitor’s valves “has no rational basis in any engineering, architectural, or other standard” and “is wholly arbitrary, capricious and without reasonable justification” is insufficient. The state may base its purchasing decisions on whimsical, arbitrary, or idiosyncratic criteria without implicating the equal protection clause.