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R.L. AUGUSTINE CONST. v. PEORIA SCHOOL DIST.

No. 1 CA-CV 93-0107.

183 Ariz. 393 (1995)

904 P.2d 462

R.L. AUGUSTINE CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. PEORIA UNIFIED SCHOOL DISTRICT NO. 11, a political subdivision of the State of Arizona and its Governing Board, Defendant-Appellee.

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

Review Granted October 24, 1995.

Order Granting Review Amended November 6, 1995.

Attorney(s) appearing for the Case

Jennings & Haug by Robert O. Dyer, Carolyn M. Kaluzniacki and Law Offices of David W. Scanlon by David W. Scanlon, Phoenix, for plaintiff-appellant.

Jennings, Strouss & Salmon, P.L.C. by Gary L. Lassen, Robert D. Haws, J. Matthew Powell, Phoenix, for defendant-appellee.

OPINION

WEISBERG, Judge.

R.L. Augustine Construction Company, Inc. ("Augustine") appeals from the entry of summary judgment in favor of the Peoria Unified School District ("Peoria"). The trial court rejected Augustine's claim that the Arizona Administrative Code ("A.A.C.") sections R7-2-1155 through -1184 (the "Procurement Code") were unconstitutional, and held that it lacked jurisdiction over Augustine's contract claim because Augustine had failed to exhaust...

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