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CITY OF PHOENIX v. SUPERIOR COURT, CTY. OF MARICOPA

No. 11094.

109 Ariz. 533 (1973)

514 P.2d 454

CITY OF PHOENIX, a political subdivision of the State of Arizona, City of Mesa, a political subdivision of the State of Arizona, and Zurn Engineers, a corporation, Petitioners, v. The SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF MARICOPA and Morris Rozar, judge thereof, and M.M. Sundt Construction Co., an Arizona corporation, Respondents.

Supreme Court of Arizona, In Banc.

September 20, 1973.

Attorney(s) appearing for the Case

Joe R. Purcell, Phoenix City Atty. by Patrick E. Burke, Asst. City Atty., Phoenix, for petitioners City of Phoenix and City of Mesa.

Monteleone & McCrory by Darrell P. McCrory, Los Angeles, Cal., Herbert Mallamo, Phoenix, for petitioner Zurn Engineers.

Lewis & Roca by John P. Frank and Mary M. Schroeder, Phoenix, Robertson, Molloy, Fickett & Jones by John F. Molloy, Tucson, for respondent M.M. Sundt Const. Co.

Mariscal, Weeks, Lehman & Whitten by Phillip Weeks, Phoenix, for amicus curiae Wittman Contracting Co.

HOLOHAN, Justice.

Petitioners City of Phoenix and Zurn Engineers brought this Special Action to prevent the enforcement of the decision of the superior court which ordered the award of a certain construction contract by the City to Zurn Engineers set aside. Due to the public importance of the questions presented we accepted jurisdiction, denied the request of the petitioners to set aside the order of the trial court, approved the findings of the superior court, and...

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