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SWENGEL-ROBBINS, INC. v. GAYLE CONTRACTING

No. 1 CA-CIV 6608.

134 Ariz. 83 (1982)

654 P.2d 17

SWENGEL-ROBBINS, INC., Plaintiff-Appellee, City of Glendale, a political subdivision of the State of Arizona, Defendant-Appellee, Sunflower Construction, Inc., an Arizona corporation, Defendant-Appellee, v. GAYLE CONTRACTING, INC., an Arizona corporation, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied October 14, 1982.

Review Denied November 23, 1982.

Attorney(s) appearing for the Case

Fogel & Lamber, P.A. by Sherman D. Fogel and Rex P. Bronnenkant, Phoenix, for plaintiff-appellee.

William E. Farrell, Glendale City Atty. by Nick Dottermann, Glendale, for defendant-appellee City of Glendale.

Stompoly & Even, P.C. by Michael W. McGrath and John G. Stompoly, Tucson, for defendant-appellant.

OPINION

MEYERSON, Judge.

In this appeal we are called upon to decide whether the statutory preference applicable to public contracts under A.R.S. § 34-241 (Supp. 1981) may be asserted by a resident taxpaying contractor against a resident contractor who has paid no taxes as provided for under the statute. For the reasons hereinafter stated, we hold that a resident taxpaying contractor is entitled to a five percent preference against a resident contractor...

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