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SCHWARTZ v. SCHWARTZ

No. 1 CA-CIV 465.

7 Ariz. App. 445 (1968)

440 P.2d 326

Isabelle S. SCHWARTZ, Appellant, v. Morris SCHWARTZ, Appellee.

Court of Appeals of Arizona.

Rehearing Denied May 28, 1968.

Review Granted July 2, 1968.

Attorney(s) appearing for the Case

Harrison, Strick & Myers, by Mark I. Harrison, Phoenix, for appellant.

Gust, Rosenfeld & Divelbess, by Richard A. Segal, Phoenix, for appellee.

CAMERON, Chief Judge.

This is an appeal by the plaintiff from an order of the court granting a motion to dismiss pursuant to Rule 12, Rules of Civil Procedure, 16 A.R.S., which was treated by the court as a motion for summary judgment pursuant to Rule 56, Rules of Civil Procedure, 16 A.R.S.

We are called upon to determine:

1. Does the common law rule prohibiting interspousal tort actions obtain in the State of Arizona? 2. If so, can the...

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