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MARBLE v. PARHAM

1 CA-CIV 279.

3 Ariz. App. 585 (1966)

416 P.2d 1006

John H. MARBLE, Sr., and Gretchen Marble, Appellants, v. Willard Zane PARHAM, and Carlene Parham, dba "Zane Farm", Appellees.

Court of Appeals of Arizona.

July 27, 1966.

Attorney(s) appearing for the Case

Alan Philip Bayham, and Herbert Danz, Phoenix, for appellants.

Axline & Johnson, Raleigh W. Johnson, Holbrook, for appellees.

STEVENS, Chief Judge.

This is an appeal from an order dismissing appellants' complaint for failure to state a claim in a wrongful death action. The action had been instigated by plaintiffs-appellants to recover for the death by drowning of their 7 year old daughter. Appellants' complaint alleged in pertinent part that:

"III On or about Sunday the 29th day of September, 1963 at about the hour of Noon the defendants negligently maintained their real...

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