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SMITTY'S SUPER-VALU, INC. v. PASQUALETTI

No. 1 CA-CIV 2099.

22 Ariz. App. 178 (1974)

525 P.2d 309

SMITTY'S SUPER-VALU, INC., an Iowa corporation, Appellant, v. Amos PASQUALETTI; First National Bank of Arizona, Executor of the Estate of Anthony J. Pasqualetti, Deceased; James A. Leonard, Guardian of the Estate of Ben Pasqualetti, an Incompetent, and M. Ralph Jenkins, Executor of the Estate of Rose Pasqualetti Jenkins, Deceased, Appellees.

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

Rehearing Denied September 20, 1974.

Review Denied December 17, 1974.

Attorney(s) appearing for the Case

Roush, Mori, Welch & Steiner, by George Welch, Jr. and Roderick D. Mac-Millan, Phoenix, for appellant.

Allen, McClennen & Fels, by John V. Fels, Phoenix, for appellees.

OPINION

HAIRE, Presiding Judge.

On this appeal we must determine whether the trial judge committed error when he modified the arbitration award which was the subject of the trial court proceedings. The proceedings were initiated when the appellees, as successors to the lessors' interests under a lease, filed an action seeking to void an arbitration award concerning rental payments under a lease wherein the appellant was the lessee. The lessee answered and...

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