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VEACH v. CITY OF PHOENIX

No. 7965.

102 Ariz. 195 (1967)

427 P.2d 335

Russell W. VEACH and Thelma L. Veach, husband and wife, d.b.a. Ozark Market, Appellants, v. CITY OF PHOENIX, a municipal corporation, G.H. Towne and Jane Doe Towne, husband and wife, G.H. Towne, d.b.a. Towne Electric Company, John Doe and Jane Doe, and Arizona Public Service Company, an Arizona corporation, Appellees.

Supreme Court of Arizona. In Banc.

May 4, 1967.

Attorney(s) appearing for the Case

Corbin & Cunningham, by Robert K. Corbin, Phoenix, for appellants.

Merle L. Hanson, City Atty., City of Phoenix, by Robert J. Backstein and James D. Lester, Phoenix, for appellees.

UDALL, Justice:

Plaintiffs seek recovery from the City of Phoenix and others (hereinafter referred to as defendants) for the sum of $66,826.56 as damages to plaintiffs' property caused by fire. Defendants filed a motion to dismiss plaintiffs' second amended complaint for failure to state a claim, which was granted and judgment was entered from which plaintiffs appeal.

In essence, the amended complaint alleged that on January 23, 1962, a fire broke out in plaintiffs...

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