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UVODICH v. ARIZONA BOARD OF REGENTS

No. 2 CA-CIV 559.

9 Ariz. App. 400 (1969)

453 P.2d 229

Jack L. UVODICH and Edna B. Uvodich, husband and wife, and the Unknown Heirs of any Deceased Defendant, Appellants, v. ARIZONA BOARD OF REGENTS, a body corporate, and the City of Tucson, an Arizona municipal corporation, Appellees.

Court of Appeals of Arizona.

Rehearing Denied May 29, 1969.

Review Denied September 16, 1969.

Attorney(s) appearing for the Case

May, Dees & Newell, by Louis W. Barassi, Willis R. Dees, Tucson, for appellants.

Gary K. Nelson, Atty. Gen., Stanley Z. Goodfarb, Special Asst. Atty. Gen., Phoenix, Dino DeConcini, City Atty., J. Dan O'Neill, Asst. City Atty., Tucson, for appellees.

HATHAWAY, Judge.

A summary of the proceedings in the trial court which culminated in the judgment from which this appeal is taken is as follows. The Arizona Board of Regents instituted a condemnation action to acquire a parcel of realty located at the corner of Hawthorne Street and Martin Avenue in Tucson, owned by Mr. and Mrs. Uvodich. The defendants filed a counterclaim in four counts. The plaintiff moved to dismiss the counterclaim and the motion was granted with...

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