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HIGHLAND CHIEF v. WILKINSON

No. 17657.

288 P.2d 198 (1955)

HIGHLAND CHIEF, Inc., a Colorado corporation, and Harry C. Schnibbe, Plaintiffs in Error, v. Lacy L. WILKINSON, State Purchasing Agent of the State of Colorado (substituted for Leen Lavington), and F. W. Dodge Corporation, a New York corporation, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 17, 1955.

Attorney(s) appearing for the Case

Rothgerber, Appel & Powers, William E. Doyle, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Robert Carr, Asst. Atty. Gen., for defendant in error Lacy Wilkinson.

Fred M. Winner, William G. Berge, Marshall Quiat, Denver, for F. W. Dodge Corp.

HOLLAND, Justice.

The State Purchasing Agent, under statutory authority and direction, on April 1, 1954, awarded a contract for state advertising in daily newspapers to the Daily Journal. The pertinent statutes are C.R.S. '53, 109-1-2 and 109-1-3, and are as follows:

"109-1-2. Legal publications.—Every newspaper printed and published daily, or daily except Sundays and legal holidays, or which shall be printed and published on each of any five days in...

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