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WILSON v. CITY OF TUCSON

No. 2 CA-CIV 540.

8 Ariz. App. 398 (1968)

446 P.2d 504

George N. WILSON, as personal representative of Marie M. Totten, Deceased, Appellant, v. The CITY OF TUCSON, a municipal corporation, Appellee.

Court of Appeals of Arizona.

October 29, 1968.

Attorney(s) appearing for the Case

Kain, Geyler & Bird, by Sidney L. Kain, Tucson, for appellant.

Chandler, Tullar, Udall & Richmond, by D.B. Udall, Tucson, for appellee.

MOLLOY, Judge.

The trial court granted the defendant City of Tucson's motion for summary judgment, holding that the City was not liable for an allegedly negligent failure of two of its policemen to arrest a driver whose subsequent acts caused the death of plaintiff's decedent. The issue before us is whether the trial court properly so ruled.

Before stating the facts, a preliminary explanation as to what we might call the "factual posture" of the case is

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