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DUFF v. JORDAN

No. 6411.

82 Ariz. 228 (1957)

311 P.2d 829

Grover J. DUFF, William P. Copple, James R. Heron, F.L. Christensen and Milton Reay, as members of and constituting the Arizona State Highway Commission and William E. Willey, the Arizona State Highway Engineer, Petitioners, and Peter Kiewit Sons' Co., a Nebraska corporation, Intervenor, v. Jewel W. JORDAN, Individually, and as Arizona State Auditor, Respondent.

Supreme Court of Arizona.

May 14, 1957.

Attorney(s) appearing for the Case

Robert Morrison, Atty. Gen., for petitioners.

Rawlins, Davis, Christy, Kleinman & Burrus, and Peter Kiewit, Jr., Phoenix, for intervenor.

R.G. Langmade, Phoenix, for respondent.

WINDES, Justice.

The Arizona State Highway Commission and William E. Willey, its engineer, petitioned for writ of mandamus against Jewel W. Jordan, individually and as state auditor. We issued alternative writ and because an emergency existed, we by minute entry ordered the alternative writ be made peremptory with opinion to follow.

The state legislature regularly convened in January, 1956, appropriated for the fiscal year of July 1, 1956 to July 1, 1957,...

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