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STATE v. ASHTON COMPANY

2 CA-CIV 152.

4 Ariz. App. 599 (1967)

422 P.2d 727

The STATE of Arizona, Appellant, v. The ASHTON COMPANY, Inc., Contractors and Engineers, Appellee.

Court of Appeals of Arizona.

Rehearing Denied March 9, 1967.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Harry Schoolitz, Asst. Atty. Gen., Phoenix, for appellant.

Hall, Jones, Hannah, Trachta & Birdsall, by Ben C. Birdsall, Tucson, for appellee.

HATHAWAY, Chief Judge.

This is an appeal by the State of Arizona (defendant below) from a judgment entered against it in favor of the Ashton Company, Inc. (plaintiff below) in the amount of $57,140.40, together with interest thereon, upon the granting of plaintiff's motion for summary judgment.

The litigation arose out of a contract entered into by the plaintiff and defendant concerning the construction of a highway in Tucson, Arizona. The plans for the construction...

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