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FIORITO v. M.A. SEGALE, INC.

No. 4389-1.

18 Wn. App. 158 (1977)

566 P.2d 1268

J. DAN FIORITO, ET AL, Appellants, v. M.A. SEGALE, INC., ET AL, Respondents.

The Court of Appeals of Washington, Division One.

July 18, 1977.

Attorney(s) appearing for the Case

Rinker, Pickel, Stanislaw, Ashbaugh, Oles & Morrison, Richard M. Stanislaw, and Pamela D.O. Larson, for appellants.

Slade Gorton, Attorney General, Jack A. Borland, Assistant, and Richard H. Sterne, for respondents.

WILLIAMS, J.

J. Dan Fiorito and others brought this action against M.A. Segale, Inc., the State of Washington and the director of the State Department of Highways to invalidate an agreement between Segale and the State Highway Commission. Trial to the court sitting without a jury resulted in a dismissal of the complaint. Fiorito and the others appeal; we reverse.

The facts are that in 1973 the highway commission was seeking fill material to use on a highway...

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