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LONG v. ARIZONA PORTLAND CEMENT COMPANY

No. 6717.

89 Ariz. 366 (1961)

362 P.2d 741

Russell F. LONG, Appellant, v. ARIZONA PORTLAND CEMENT COMPANY, Walter H. Coleman, G.L. Gibbons, dba Arizona Cement Transportation Co., and M Corporation, N Partnership, John Doe I, John Doe II, and John Doe III, Appellees.

Supreme Court of Arizona.

June 15, 1961.

Attorney(s) appearing for the Case

Hughes & Steward, Phoenix, for appellant.

Boyle, Bilby, Thompson & Shoenhair, and McCarty, Chandler, Tullar & Udall, Tucson, for appellees.

LOCKWOOD, Justice.

This is an appeal from an Order of the Superior Court of Maricopa County granting defendants' motions to dismiss the complaint for failure to state a claim, pursuant to 16 A.R.S. Rules of Civil Procedure, Rule 12(b), subd. 6. Plaintiff, hereinafter referred to as "plaintiff," brought suit against defendant Arizona Portland Cement Company and defendant Arizona Cement Transportation Co., hereinafter referred to as "Cement Company" or "Transportation...

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