PORTER MURRY, Superior Court Judge.
Stanley C. Oaks and Ruth Oaks, husband and wife, hereinafter referred to as appellees, on August 16, 1963, filed a complaint in the Superior Court of Pima County alleging breach of a written contract and asking for damages against the defendant therein, Olympic Pools, Inc. Milton J. Husky, State Treasurer, was also a named defendant, as depository of a cash deposit under the provisions of A.R.S. § 32-1152, as amended.
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