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TIFFANY INCORPORATED v. W.M.K. TRANSIT MIX, INC.

No. 1 CA-CIV 1595.

16 Ariz. App. 415 (1972)

493 P.2d 1220

TIFFANY INCORPORATED, an Arizona corporation, Appellant, v. W.M.K. TRANSIT MIX, INC., a corporation, Appellee.

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

Rehearing Denied March 6, 1972.

Review Denied April 18, 1972.

Attorney(s) appearing for the Case

Cunningham, Goodson, Tiffany & Weltsch, Ltd., by Michael E. Tiffany, Phoenix, for appellant.

Ryley, Carlock & Ralston, by Joseph P. Ralston and James D. O'Neil, Phoenix, for appellee.

DONOFRIO, Judge.

This is an appeal from a summary judgment entered in favor of appellee, W.M.K. Transit Mix, Inc. (herein referred to as defendant) and against appellant, Tiffany Incorporated (herein referred to as plaintiff).

The following are the facts viewed in a light most favorable to plaintiff, the party opposing the summary judgment. Rule 56(c), Rules of Civil Procedure, 16 A.R.S.; Sarti v. Udall, 91 Ariz. 24,

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