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WHIPPLE v. SHAMROCK FOODS COMPANY

No. 1 CA-CIV 3038.

26 Ariz. App. 437 (1976)

549 P.2d 217

Norise WHIPPLE dba Sam Whipple, and Ernest Gastineau, Appellants, v. SHAMROCK FOODS COMPANY, formerly known as Shamrock Dairy of Phoenix, Inc., an Arizona Corporation, Appellee.

Court of Appeals of Arizona, Division 1.

May 4, 1976.

Attorney(s) appearing for the Case

Meyer & Vucichevich by Henry G. Hester III, Phoenix, for appellants.

Jennings, Strouss & Salmon by Charles R. Hoover and David L. White, Phoenix, for appellee.

OPINION

KRUCKER, Judge.

A summary judgment in favor of Shamrock as to two counts of appellants' complaint seeking to recover damages from Shamrock is the subject of this appeal. Shamrock's defense to appellants' claims was illegality and the lower court in granting summary judgment apparently concluded the defense was well-taken.

Appellants are wholesale distributors of dairy products and Shamrock is a manufacturer of dairy products. In 1966, appellant...

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