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ARITEX LAND COMPANY v. BAKER

No. 2 CA-CIV 922.

14 Ariz. App. 266 (1971)

482 P.2d 875

ARITEX LAND COMPANY, Inc., an Arizona corporation, and Irving L. Baker, Appellants, v. Leslie N. BAKER and Joy Baker, husband and wife, and Joy Baker, as Guardian of the Estate of Jeffery Martin Baker, a minor, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 13, 1971.

Review Denied May 11, 1971.

Attorney(s) appearing for the Case

Silverstone & Stern by Maurice M. Stern, Tucson, for appellants.

Bilby, Thompson, Shoenhair & Warnock, P.C. by Marvin S. Cohen, Tucson, for appellees.

HOWARD, Judge.

This appeal is the culmination of litigation between two brothers which was commenced approximately three years ago. Since both procedural and substantive questions are involved in this appeal, a detailed recitation of the chronology of events in the trial court are necessary.

In 1967 and 1968, the appellees filed three complaints in Superior Court. The first, cause No. 103042, was a suit by the...

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