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LUECK v. SUPERIOR COURT IN & FOR COUNTY OF COCHISE

No. 2 CA-CIV 697.

10 Ariz. App. 161 (1969)

457 P.2d 348

Melanie LUECK, surviving widow of William T. Lueck, deceased, and William C. Lueck and Ada D. Lueck, surviving parents of William T. Lueck, deceased, Petitioners, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF COCHISE, and the Honorable Lloyd C. Helm, Judge, and Southern Pacific Company, a corporation, Real Parties in Interest, Respondents.

Court of Appeals of Arizona.

Rehearing Denied September 5, 1969.

Review Denied October 21, 1969.

Attorney(s) appearing for the Case

Barber & Haralson, by Dale Haralson, Tucson, for petitioners.

Bilby, Thompson, Shoenhair & Warnock, by Richard M. Bilby and T. Scott Higgins, Tucson, for respondent, Southern Pacific Co.

MOLLOY, Chief Judge.

This court has issued a writ of certiorari to review the propriety of a denial of a motion to file an amended complaint in a wrongful death action. The motion seeks to add the surviving parents of the deceased as additional named beneficiaries to a complaint filed by the surviving widow of the deceased for herself and two surviving minor children. The trial court denied the motion to amend because it was of the opinion that surviving parents are...

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