SPUR FEEDING CO. v. SUPERIOR COURT OF MARICOPA CTY.

No. 11062.

109 Ariz. 105 (1973)

505 P.2d 1377

SPUR FEEDING CO., an Arizona corporation, et al., Petitioners, v. SUPERIOR COURT OF MARICOPA COUNTY, Arizona, et al., Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 13, 1973.


Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, by Jon L. Kyl, Phoenix, for petitioners.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Jeffrey B. Smith, Phoenix, for respondents.


CAMERON, Vice Chief Justice.

This is a special action from a judgment of the Superior Court of Maricopa County granting a motion to dismiss the third party complaint of the defendant, Spur Feeding Company, predecessor of Spur Industries, Inc., against the respondent, Del E. Webb Development Company.

We are asked to determine whether a previous decision of this court between the defendant Spur and the third party defendant, Del Webb, is res judicata as to the...

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