BERG v. HOHENSTEIN

No. 1 CA-CIV 1419.

13 Ariz. App. 583 (1971)

479 P.2d 730

Harry R. BERG and R.E. Burdette, individually, and as partners doing business under the firm name and style of Lake Havasu Mobile Home Park, Appellants, v. Erwin HOHENSTEIN and Jennie A. Hohenstein, his wife, Appellees.

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

January 27, 1971.


Attorney(s) appearing for the Case

Philip T. Goldstein, Ltd., by Philip T. Goldstein, Phoenix, for appellants.

Hiser & Bruno, by H. Louis Hiser, Kingman, for appellees.


DONOFRIO, Judge.

This is an appeal by plaintiffs from an order dismissing their complaint brought against appellees-defendants for libel based on an article published by defendants in a newspaper, the Lake Havasu City Herald. The court ruled that the alleged defamatory publication was not libelous per se, and that in view of its per quod character proof of special damages was required. The parties will be designated as they were in the trial court.

The complaint...

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