CYR & EVANS CONTRACTING CO. v. GRAHAM

No. 1 CA-CIV 95.

2 Ariz. App. 196 (1965)

407 P.2d 385

CYR & EVANS CONTRACTING CO., an Arizona corporation, Appellee, v. Milton H. GRAHAM, Mayor, and Jay Hyde, Jarrett S. Jarvis, Mrs. Sophia Kruglick, Jack H. Laney, Herb Lindner and Dr. Ray M. Pisano, Members of and constituting the City Council of the City of Phoenix, a political subdivision of the State of Arizona, Appellants.

Court of Appeals of Arizona.

Rehearing Denied January 12, 1966.

Review Denied February 10, 1966.


Attorney(s) appearing for the Case

Moore, Romley, Kaplan, Robbins & Green, by Curtis A. Jennings, Phoenix, for appellee.

Merle L. Hanson, City Atty., Melvin J. Mirkin, Asst. City. Atty., Phoenix, for appellants.


MOLLOY, Judge.

This is an appeal from a peremptory writ of mandamus granted by the lower court against the City of Phoenix requiring it to let a street paving contract to a certain bidder so as to give effect to A.R.S. § 34-241, the "five per cent preference" statute. This statute requires a preference to be given in letting bids on "* * * contracts for public work to be performed on behalf of the state or any political subdivision thereof, which will be paid...

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