KALMANOFF v. WEITZ

No. 2 CA-CIV 535.

8 Ariz. App. 171 (1968)

444 P.2d 728

S.R. KALMANOFF, Appellant, v. Herman WEITZ and Sofia Weitz, husband and wife, and Belle Berenstein, wife of Alfredo Berenstein, in her sole and separate right, Appellees.

Court of Appeals of Arizona.

Rehearing Denied October 4, 1968.

Review Denied November 12, 1968.


Attorney(s) appearing for the Case

Feldman & Wolin, by Marvin Wolin, Tucson, for appellant.

Merchant, Lohse & Bloom, by Ashby I. Lohse, Tucson, for appellees.


HATHAWAY, Chief Judge.

The appellant seeks review of an order dismissing his complaint in a civil action instituted by him to establish an equitable lien upon real property owned by the appellees. The appellees responded to the complaint by a motion to dismiss for failure to state a claim for relief, the motion was granted and an order of dismissal entered in accordance therewith.

It is well settled that a motion to dismiss a complaint for failure to state...

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