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KEPNER v. WESTERN FIRE INSURANCE COMPANY

No. 10884-PR.

109 Ariz. 329 (1973)

509 P.2d 222

James H. KEPNER and Shirley Kepner, husband and wife, and Walter James Kepner, a minor, By and Through his next friend James H. Kepner, Appellants, v. The WESTERN FIRE INSURANCE COMPANY, a Kansas corporation, Appellees.

Supreme Court of Arizona, In Banc.

Rehearing Denied May 22, 1973.

Attorney(s) appearing for the Case

Jack M. Anderson and John S. Schaper, Phoenix, for appellants.

Renaud, Cook, Miller & Cordova by James M. Videan, Phoenix, for appellees.

STRUCKMEYER, Justice.

This is an appeal by James H. Kepner and Shirley Kepner, his wife, in behalf of Walter James Kepner, their four-year-old son, arising out of litigation to recover damages for an injury suffered by Walter Kepner. In garnishment proceedings, the Superior Court entered judgment in favor of garnishee-defendant, The Western Fire Insurance Company. The Court of Appeals, Division One, reversed, 16 Ariz.App. 549

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