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TIRE SHREDDERS, INC. v. PIMA COUNTY

No. 2 CA-CV 97-0224.

965 P.2d 86 (1998)

192 Ariz. 352

TIRE SHREDDERS, INC., a Washington corporation, Plaintiff/Appellant, v. PIMA COUNTY, a body politic; Raul Grijalva, in his capacity as a member of the Pima County Board of Supervisors; Mike Boyd, in his capacity as a member of the Pima County Board of Supervisors; Dan Eckstrom, in his capacity as a member of the Pima County Board of Supervisors; Sharon Bronson, in her capacity as a member of the Pima County Board of Supervisors; Ray Carroll, in his capacity as a member of the Pima County Board of Supervisors; Dan Deering, in his capacity as Pima County's Purchasing Agent; and Martha Durkin, in her capacity as the Pima County Purchasing Agent, Defendants/Appellees, and K & B TIRE COMPANY, INC., an Arizona corporation, Real Party in Interest/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

Redesignated as Opinion and Publication Ordered September 30, 1998.

Attorney(s) appearing for the Case

Stubbs & Schubart, P.C. by Thomas M. Parsons, Tucson, for Plaintiff/Appellant.

Barbara LaWall, Pima County Attorney by Karen S. Friar and Katharina Richter, Tucson, for Defendants/Appellees.

Fennemore Craig by Andrew M. Federhar and Theresa Dwyer, Tucson, for Real Party in Interest/Appellee.

OPINION

FLOREZ, Judge.

¶ 1 Appellant, Tire Shredders, Inc., asks this court to reverse the judgment the trial court entered in favor of appellees Pima County and its board of supervisors and the real party in interest, K & B Tire Company, dismissing its special action complaint with prejudice. Tire Shredders argues that the board acted in excess of its authority, abused its discretion, and acted arbitrarily and capriciously during the bidding...

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