CARUTH v. MARIANI

No. 2 CA-CIV 633.

11 Ariz. App. 188 (1970)

463 P.2d 83

Clifton W. CARUTH and Mary E. Caruth, husband and wife, Appellants, v. John MARIANI and Rosetta Mariani, husband and wife, Young Buick Company, an Arizona corporation, and General Motors Corporation, a Delaware corporation, Appellees.

Court of Appeals of Arizona. Division 2.

Rehearing Denied February 3, 1970.

Review Denied March 3, 1970.


Attorney(s) appearing for the Case

Holesapple, Conner, Jones, McFall & Johnson, by Blair D. Benjamin, Tucson, for appellants.

Chandler, Tullar, Udall & Richmond, by James L. Richmond, Tucson, for appellees Mariani.

Murphy & Vinson, by John U. Vinson, Tucson, for appellee Young Buick Co.

Lesher, Scruggs, Rucker, Kimble & Lindamood, by William Kimble, Tucson, for appellee General Motors Corp.

Miller, Pitt & Feldman, by Stanley G. Feldman, Tucson, amicus curiae.


HOWARD, Chief Judge.

The plaintiffs have filed a motion for a rehearing in this case. We also permitted the filing of an Amicus Curiae brief supporting plaintiffs' motion for rehearing. Since the time of the rendering of the original opinion and the motion for rehearing, there has been a reconstitution of this court. We do not believe that a mere fortuitous reconstruction of the court should be grounds for a rehearing, nor do we believe that a rehearing should be...

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