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ALLISON STEEL MFG. CO. v. SUPERIOR COURT, ETC.

Nos. 1 CA-CIV 2216, 1 CA-CIV 2217.

20 Ariz. App. 185 (1973)

511 P.2d 198

ALLISON STEEL MANUFACTURING CO., a corporation, Petitioner, v. SUPERIOR COURT OF Arizona, MARICOPA COUNTY, DIVISION THREE, The Honorable Yale McFate, Presiding; and DORR-OLIVER INCORPORATED, a corporation, and E.L. Farmer Construction Co., Inc., a corporation, the Real Parties in Interest, Respondents. Morris A. STROUD and Marjorie Stroud, husband and wife, Petitioners, v. SUPERIOR COURT OF MARICOPA COUNTY, DIVISION THREE, the Honorable Yale McFate, presiding; and DORR-OLIVER, INCORPORATED, a corporation, and E.L. Farmer Construction Co., Inc., a corporation, the Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 1.

Rehearing Denied August 6, 1973.

Review Denied October 2, 1973.

Attorney(s) appearing for the Case

Moore, Romley, Robbins & Green, by Kenneth J. Sherk, Phoenix, for petitioner Allison Steel.

Langerman, Begam & Lewis, P.A., by Samuel Langerman, Phoenix, for petitioners Stroud.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by John H. Westover, Phoenix, for respondent Dorr-Oliver.

Maupin, Wilson & Maud, by Donald R. Wilson, Phoenix, for respondents.

JACOBSON, Chief Judge, Division 1.

The primary special action before this court sought to set aside a denial by the Superior Court of a motion for summary judgment as to a third party complaint and cross complaint seeking indemnity from the third party cross defendant.

The procedural posture in the superior court giving rise to the primary special action was that Morris Stroud and Marjorie Stroud (Stroud) filed an action seeking damages for personal injuries...

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