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CONTEMPO CONST. v. MT. STATES T. & T. CO.

No. 2 CA-CV 5948.

153 Ariz. 279 (1987)

736 P.2d 13

CONTEMPO CONSTRUCTION COMPANY, a corporation, Plaintiff/Appellant, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a corporation; Arizona Public Service Company, a corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

Motion for Reconsideration Denied April 7, 1987.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Paul Miltonberger and John H. Westover, Phoenix, for plaintiff/appellant.

Fennemore, Craig, von Ammon, Udall & Powers, P.C. by John G. Ryan, Phoenix, for defendant/appellee Mountain States Tel. & Tel. Co.

Snell & Wilmer by Donald D. Colburn, James P. Muehlberger and John G. Ryan, Phoenix, for defendant/appellee Arizona Public Service.

HATHAWAY, Chief Judge.

Appellant, Contempo Construction Company (Contempo), brought a contract and tort action against appellees, Mountain States Telephone and Telegraph Company (Mt. Bell) and Arizona Public Service (APS), seeking damages for appellees' failure to move certain utility poles and other equipment. The summary judgments that appellees were granted in their favor are the subject of this appeal. We affirm.

The undisputed facts are as follows. On...

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