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STATE, OK. CAPITOL IMPROVEMENT AUTH. v. E.A. COWEN CONST.

No. 47145.

518 P.2d 1264 (1974)

STATE of Oklahoma ex rel. OKLAHOMA CAPITOL IMPROVEMENT AUTHORITY, Petitioner, v. E.A. COWEN CONSTRUCTION COMPANY, Respondent-Cross-Applicant.

Supreme Court of Oklahoma.

January 17, 1974.

Attorney(s) appearing for the Case

Larry Derryberry, Atty. Gen., Paul C. Duncan, Asst. Atty. Gen., and Marvin C. Emerson, First Asst. Atty. Gen., Oklahoma City, for petitioner.

V.P. Crowe, Andrew M. Coats, Oklahoma City, Richard N. Steed, Shawnee, for respondent-cross-applicant.

IRWIN, Justice:

Two public works contracts were entered into by the State of Oklahoma, ex rel. Oklahoma Capitol Improvement Authority [Authority], with E.A. Cowen Construction Company [Cowen]. As a result of questions to be litigated in some pending criminal proceedings later discussed, Authority has withheld payment of certain sums allegedly due and owing Cowen for work completed under the terms of these contracts.

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