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REEDER v. STATE

No. 1 CA-CIV 1102.

12 Ariz. App. 189 (1970)

468 P.2d 954

Jack V. REEDER and Charles L. Jenkins, dba Reeder Construction Co. and Charles L. Jenkins, a joint venture, Appellants, v. The STATE of Arizona, a body politic, Forrest C. Braden, Bus Mead, Ed C. Locklear, Peter B. Wilharm and Dan McKinney, as members of, and constituting the Arizona State Highway Commission and Justin Herman, State Highway Director, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied May 28, 1970.

Review Denied June 23, 1970.

Attorney(s) appearing for the Case

K.G. Flickinger, Jr., Phoenix, for appellants.

Gary K. Nelson, Atty. Gen., by Rodney G. Johnson, Asst. Atty. Gen., for appellees.

STEVENS, Judge.

We are called upon to construe A.R.S. § 35-191, a Code section relating to the administrative adjustment of claims which bear some defect "not affecting the validity there of or the contractual liability of the state."

The appellants presented a claim to the Arizona State Highway Commission. The Commission ruled that it had no jurisdiction to consider the claim. The appellants, as plaintiffs, filed an action in the Superior Court for a...

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