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TEXAS HIGHWAY COMN. v. TEXAS ASS'N OF STEEL IMPORTERS, INC.

No. A-9515.

372 S.W.2d 525 (1963)

TEXAS HIGHWAY COMMISSION et al., Petitioners, v. TEXAS ASSOCIATION OF STEEL IMPORTERS, INC., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied December 11, 1963.

Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., H. Grady Chandler, Asst. Atty. Gen., Austin, for petitioners.

William B. Dazey, Houston, for respondents.

NORVELL, Justice.

Article 6674h, Vernon's Ann.Tex.Stats. provides in part that:

"All contracts proposed to be made by the State Highway Department for the improvement of any highway constituting a part of the State Highway System or for materials to be used in the construction or maintenance thereof shall be submitted to competitive bids."

On March 28, 1960, the Texas Highway Commission passed its Minute Order No. 48,644 which reads as follows:

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