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WYATT v. RUCK CONST., INC.

No. 2 CA-CIV 2436.

117 Ariz. 186 (1977)

571 P.2d 683

Argyle F. WYATT, a widow, d/b/a Sunset Roofing Company, Appellant, v. RUCK CONSTRUCTION, INC., an Arizona Corporation, the City of Tucson, a Municipal Corporation, Arthur G. Sweet, a single man, Richard L. Stapp, a single man, and United States Fidelity & Guaranty as surety, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 5, 1977.

Review Denied October 25, 1977.

Attorney(s) appearing for the Case

DeConcini, McDonald, Brammer & Yetwin, P.C. by J. Wm. Brammer, Jr. and Robert M. Struse, Tucson, for appellant.

Lesher, Kimble & Rucker, P.C. by E.F. Rucker, Tucson, for appellees Ruck and United States Fidelity & Guaranty.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Robert E. Brown and P. Michael Whipple, Phoenix, for appellees City of Tucson, Stapp and Sweet.

OPINION

HOWARD, Chief Judge.

This case arises out of a contract for the construction of the Eastside police and fire building in Tucson, entered into between the City of Tucson and the general contractor, Ruck Construction Company. A separate contract was entered into between Ruck Construction Company and its subcontractor, Sunset Roofing Company.

The contract between Ruck and the City provided that the City...

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