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SCHOOL DISTRICT NUMBER ONE OF PIMA CTY. v. HASTINGS

No. 2 CA-CIV 741.

12 Ariz. App. 164 (1970)

468 P.2d 615

SCHOOL DISTRICT NUMBER ONE OF PIMA COUNTY, Arizona, Appellant, v. Russell HASTINGS, Appellee.

Court of Appeals of Arizona, Division 2.

Review Granted June 2, 1970.

Attorney(s) appearing for the Case

Rose S. Silver, County Atty., Pima County, Lawrence Ollason, Sp. Deputy County Atty., Tucson, for appellant.

Miller, Pitt & Feldman, Tucson, for appellee.

Review Granted June 2, 1970. Opinion Withdrawn.

ORDER

PER CURIAM.

The court having considered the motion for a rehearing, concludes that it be denied for the reasons herein set forth.

The agreement between the parties dated January 17, 1966, sets forth the method by which the architect was to be compensated. It states in paragraph B that "[t]he Owner agrees to pay the Architect * * * a fee not to exceed six (6)

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