That makes sense. I think the argument from the first bidder is that bids should have been sealed and were not to be used against each other. That they should not have been opened and renegotiated. That's likely why the 1st bidder refused to up the ante. How does the judge handle that?? Your guess is as good as mine. But in a situation where your looking for the best outcome for all stakeholders you take the highest bid on the table or open it back up to a bidding auction IMO.
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