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STATE, EX REL. ROGER J. AU & SON, INC. v. STUDEBAKER

Nos. 2771, 2753 and 2773.

120 Ohio App. 68 (1963)

THE STATE, EX REL. ROGER J. AU & SON, INC., v. STUDEBAKER ET AL. ROGER J. AU & SON, INC., APPELLANT v. STUDEBAKER ET AL., APPELLEES. (Two cases.)

Court of Appeals of Ohio, Montgomery County.

Decided October 2, 1963.

Attorney(s) appearing for the Case

Messrs. Ross, Sauter & Lett and Messrs. Marshall & Smith, for Roger J. Au & Son, Inc.

Mr. Paul. R. Young, prosecuting attorney, and Mr. Paul J. Fleischauer, for Board of County Commissioners of Montgomery County.

Messrs. Bieser, Greer & Landis, for Oberer Construction Company.

KERNS, P. J.

These three cases arose from the same controversy and were argued and submitted to this court together.

The facts of the cases are quite simple. The plaintiff, Roger J. Au & Son, Inc., submitted the lowest bid for the construction of a sanitary sewer system in Montgomery County. However, the contract for the construction work was awarded by the Board of County Commissioners of Montgomery County...

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