COOPER v. ODOM

No. 1 CA-CIV 466.

6 Ariz. App. 466 (1967)

433 P.2d 646

Gillon B. COOPER and Marjorie D. Cooper, and Milburn Cooper, Trutee, Appellants, v. W.W. ODOM and Madge Odom, husband and wife, Appellees.

Court of Appeals of Arizona.

Rehearing Denied December 5, 1967.

Review Denied January 16, 1968.


Attorney(s) appearing for the Case

Clarence O. Fehling and Milburn N. Cooper, Phoenix, for appellants.

Lewis, Roca, Beauchamp & Linton, by John J. Flynn and Roger W. Kaufman, Phoenix, for appellees.


STEVENS, Judge.

Two questions are presented to the Court by this appeal. First, did the trial court abuse its discretion in granting the defendants' motion to dismiss for want of prosecution? Second, if the first question is answered in the affirmative, should this Court reverse the denial of the plaintiffs' motion for summary judgment and direct that the motion be granted?

The plaintiffs, who are the appellants in this Court, filed an action on contract for...

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