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RUCK CONST. CO., INC. v. CITY OF TUCSON

No. 2 CA-CIV 2467.

116 Ariz. 533 (1977)

570 P.2d 220

RUCK CONSTRUCTION CO., INC., an Arizona Corporation, Appellant, v. CITY OF TUCSON, a Municipal Corporation, Appellee.

Court of Appeals of Arizona, Division 2.

September 21, 1977.

Attorney(s) appearing for the Case

Lesher, Kimble & Rucker, P.C., by E.F. Rucker, Tucson, for appellant.

Frederick S. Dean, City Atty., Loretta L. Humphrey, Asst. City Atty., Tucson, for appellee.

OPINION

HATHAWAY, Judge.

This is an appeal from an order dismissing Ruck Construction Company's complaint. On May 12, 1975, Ruck filed a special action in Pima County Superior Court challenging the City of Tucson's refusal to permit Ruck to substitute on its construction contract with the city a different subcontractor from the one previously approved. On May 16, 1975, the parties stipulated that they would submit to the court for decision a single issue on...

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