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THORNTON v. MARSICO

No. 1 CA-CIV 266.

5 Ariz. App. 299 (1967)

425 P.2d 869

James E. THORNTON, the Arizona Highway Patrol, an Agency of the State of Arizona, and the State of Arizona, Appellants, v. Gerald MARSICO, Fisher Contracting Co., an Arizona corporation, and Fidelity and Deposit Company of Maryland, Appellees.

Court of Appeals of Arizona.

Rehearing Denied April 27, 1967.

Review Denied May 23, 1967.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., by Robert G. Beshears and John H. Lyons, Sp. Asst. Attys. Gen., for appellants.

Snell & Wilmer, by Roger W. Perry and Arthur P. Greenfield, Phoenix, for appellees, Fisher Contracting Co., and Fidelity and Deposit Co., of Md.

DONOFRIO, Judge.

This appeal is from a judgment of the Superior Court, granting the third party defendants' motion to dismiss the third party complaint for failure to state a claim.

Marsico, plaintiff in the original complaint, is a truck driver whose truck was in a collision with a highway patrol car owned by the defendant State of Arizona and driven by defendant Thornton, a highway patrolman. The collision occurred near Peach Springs, Arizona, on a detour...

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