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CITY OF PHOENIX v. DONOFRIO

No. 8454.

99 Ariz. 130 (1965)

407 P.2d 91

CITY OF PHOENIX, a municipal corporation, Appellant, v. Charles DONOFRIO, Jr., Trustee under the Last Will and Testament of Charles Donofrio, Deceased, et al., Appellees.

Supreme Court of Arizona. En Banc.

Rehearing Denied November 23, 1965.

Attorney(s) appearing for the Case

Merle L. Hanson, City Atty., and Jay Dushoff, Sp. Counsel to City of Phoenix, for appellant.

Lewis, Roca, Scoville, Beauchamp & Linton, by John P. Frank and Don A. Davis, Phoenix, for appellees.

UDALL, Justice.

This is an appeal by the City of Phoenix, hereinafter referred to as appellant, from the dismissal of its amended complaint by the Superior Court of Maricopa County. Appellant filed a complaint in eminent domain on March 29, 1963. Upon motion to dismiss for failure to state a claim, the complaint was dismissed on May 24, 1963 with leave to amend within twenty days. Appellant filed an amended complaint on June 13, 1963, and the amended complaint was...

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