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CITY OF PHOENIX v. WITTMAN CONTRACTING CO.

No. 1 CA-CIV 2252.

20 Ariz. App. 1 (1973)

509 P.2d 1038

The CITY OF PHOENIX, a political subdivision of the State of Arizona, and Orville Larry Bryant, Appellants, v. WITTMAN CONTRACTING CO., an Arizona corporation, Appellee.

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

May 10, 1973.

Attorney(s) appearing for the Case

Joe R. Purcell, City Atty., by Patrick E. Burke, Asst. City Atty., Phoenix, for appellant, City of Phoenix.

Law Offices of Frederick E. Kallof by Frederick E. Kallof and Sandra L. Massetto, Phoenix, for appellant Bryant.

Mariscal, Weeks, Lehman & Whitten, P.A., by Phillip Weeks, Phoenix, for appellee.

DONOFRIO, Presiding Judge.

The appellee, Wittman Contracting Co., hereinafter referred to as Wittman, is an Arizona corporation duly licensed as a contractor. The appellants are the City of Phoenix, and Orville Larry Bryant Construction Co., hereinafter referred to as Bryant.

The pertinent facts for this appeal, which have been stipulated to by the parties, are as follows. In mid-1972 the City of Phoenix published a notice to contractors inviting bids on the...

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