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TACOMA v. O'BRIEN

No. 43398.

85 Wn.2d 266 (1975)

534 P.2d 114

THE CITY OF TACOMA et al, Petitioners, v. ROBERT S. O'BRIEN, as Treasurer of State, Respondent, THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC., et al, Intervenors.

The Supreme Court of Washington, En Banc.

April 17, 1975.

Attorney(s) appearing for the Case

Robert R. Hamilton and F.H. Chapin, Jr., by Don L. Hogaboam and Floyd Oles, for petitioner City of Tacoma.

Ronald L. Hendry, Prosecuting Attorney, and Robert J. Backstein, Chief Civil Deputy, by Mark L. Bubenik, Deputy, for petitioner County of Pierce.

Kenneth R. Ahlf (of Oberquell & Ahlf), for petitioner City of Lacey.

Slade Gorton, Attorney General, and Joseph S. Montecucco, Assistant, for respondent.

Carney, Stephenson, Siqueland, Badley, Smith & Mueller, by Herman S. Siqueland, Milton C. Smith, and Nicholas P. Scarpelli, Jr., for intervenors Associated General Contractors of America, Inc., et al.

Short, Cressman & Cable, by Kenneth P. Short and Joseph D. Puckett, for intervenor Asphalt Paving Association.

BRACHTENBACH, J.

Petitioners, two cities, a county and an individual taxpayer, seek a writ of mandamus to prohibit the State Treasurer from disbursing funds pursuant to Laws of 1974, 1st Ex. Sess., ch. 194. Various affected parties intervened. The writ shall issue.

The challenged legislation, set out in the appendix, was enacted for the purpose of relieving public works contractors, whose contracts were awarded prior to November 1, 1973, from financial hardship...

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