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HERRING v. RAILWAY EXPRESS AGENCY, INC.

No. 1 CA-CIV 1199.

13 Ariz. App. 28 (1970)

474 P.2d 35

Morris A. HERRING, individually and as State Treasurer of the State of Arizona, Appellant, v. RAILWAY EXPRESS AGENCY, INC., Appellee.

Court of Appeals of Arizona, Division 1, Department B.

September 9, 1970.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Leonard M. Bell, Asst. Atty. Gen., for appellant.

Fennemore, Craig, von Ammon & Udall, by Philip E. von Ammon, Phoenix, for appellee.

KENNETH C. CHATWIN, Superior Court Judge.

The adequacy of an affiavit in opposition to a Motion for Summary Judgment is tested in this appeal from the granting of the Motion by the Superior Court of Maricopa County.

Plaintiff-appellee, RAILWAY EXPRESS AGENCY, INC., (hereinafter referred to as REA) is a corporation engaged in the business of an express company as defined in A.R.S. § 42-721, subsec. 2.1 Its business is conducted...

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