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ROSCOE v. SCHOOLITZ

No. 1 CA-CIV 657.

10 Ariz. App. 41 (1969)

455 P.2d 991

Jerome E. ROSCOE, Appellant, v. Harry SCHOOLITZ, Jr., as Special Administrator of the Estate of James Robert Sudderth; David Solomont, et ux., et al., Appellees.

Court of Appeals of Arizona.

Rehearing Denied July 29, 1969.

Review Granted October 7, 1969.

Attorney(s) appearing for the Case

Giles, Zielinski & Thur, by Gordon B. Giles, Scottsdale, Marlowe, States, Meyer & Vucichevich, by P. Richard Meyer, Phoenix, for appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Frank A. Parks, Harrison, Strick & Myers, by Mark I. Harrison, Phoenix, for appellees.

CAMERON, Judge.

This is an appeal from an order granting a new trial after a jury verdict in favor of the plaintiff Jerome R. Roscoe.

We are called upon to determine whether the instructions on qualified privilege given by the court were correct.

The facts necessary for a determination of this matter on appeal are as follows. Plaintiff-appellant, Jerome R. Roscoe, a farmer, was married to Allie "Cathy" Roscoe. The plaintiff's previous wife had died...

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