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FULTON v. WOODFORD

Nos. 1 CA-CIV 1684, 1 CA-CIV 1805.

17 Ariz. App. 490 (1972)

498 P.2d 564

R.S. FULTON, aka Bob Fulton dba Bob Fulton Trucking Company, Appellant, v. Reid WOODFORD and Harleysville Mutual Insurance Company, a Pennsylvania corporation, Appellee. HARLEYSVILLE MUTUAL INSURANCE COMPANY, a Pennsylvania corporation, Cross-Appellant, v. R.S. FULTON, aka Bob Fulton dba Bob Fulton Trucking Company, Cross-Appellee. GLENS FALLS INSURANCE COMPANY, a New York corporation, Appellant, v. William Earl PATTERSON et al., Appellees.

Court of Appeals of Arizona, Division 1.

Rehearing Denied July 31, 1972.

Review Denied October 3, 1972.

Attorney(s) appearing for the Case

Lewis & Roca by John P. Frank, Joseph E. McGarry and Paul G. Ulrich, Phoenix, for Fulton.

Gust, Rosenfeld & Divelbess by Richard A. Segal, Phoenix, for Woodford.

Renaud, Cook, Miller & Cordova, P.A. by J. Gordon Cook, Phoenix, for Harleysville.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by John H. Lyons, Phoenix, for Glens Falls.

Hughes, Hughes & Conlan by Coit I. Hughes and John C. Hughes, Phoenix, for Patterson.

HOWARD, Judge.

This opinion resolves appeals taken from two separate lawsuits which are a segment of the litigation following in the wake of a wrongful death action.

BACKGROUND SUMMARY

The facts which gave rise to the wrongful death action are as follows. Sheriff, general contractor of a Circle K Market construction project, entered into a subcontract with Sanner Contracting Company for paving and supplying the necessary dirt fill. Sanner contacted...

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