O'BRIEN v. SCOTTSDALE DISCOUNT CORPORATION

No. 2 CA-CIV 932.

14 Ariz. App. 224 (1971)

482 P.2d 473

Alan T. O'BRIEN, Appellant, v. SCOTTSDALE DISCOUNT CORPORATION and Schenectady Discount Corporation, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 20, 1971.


Attorney(s) appearing for the Case

Stuart Herzog, Tucson, for appellant.

Shimmel, Hill & Bishop, P.C., by James B. Rolle III, Phoenix, for appellees.


KRUCKER, Chief Judge.

This appeal is from the granting of a summary judgment by the trial court in favor of the appellees (defendants below) on appellees' motion. The parties will hereinafter be referred to as they appeared below; that is, plaintiff and defendants.1 The basis upon which the trial court ruled was that it found that the complaint filed in the instant case was a cause of action which should have been presented by a counterclaim...

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