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TOVREA v. SAN XAVIER ROCK AND SAND CO.

No. 2 CA-CIV 245.

4 Ariz. App. 91 (1966)

417 P.2d 725

Philip E. TOVREA, Jr., Appellant, v. SAN XAVIER ROCK AND SAND CO., an Arizona corporation, Appellee.

Court of Appeals of Arizona.

Rehearing Denied October 4, 1966.

Attorney(s) appearing for the Case

McKesson, Renaud, Cook & Miller, by Joseph B. Miller, Theodore A. Julian, Phoenix, for appellant.

Holesapple, Conner, Jones, McFall & Johnson, by Clifford R. McFall, Tucson, for appellee.

HATHAWAY, Judge.

Philip E. Tovrea, Jr., brought a contract action against the appellee, San Xavier Rock and Sand Company, an Arizona corporation, in superior court in Pima County. Appellee moved to dismiss on the grounds that the complaint failed to state a claim. The motion was granted, hence this appeal.

San Xavier Rock and Sand Company, hereinafter called contractor, was awarded a contract with the State of Arizona for the construction of a portion of the...

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