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IVICEVIC v. CITY OF GLENDALE

No. 1 CA-CIV 2883.

26 Ariz. App. 460 (1976)

549 P.2d 240

John P. IVICEVIC and Barbara M. Ivicevic, husband and wife, Cecil Mathews and Darlene Mathews, husband and wife, and Sheldon Mathews, Appellants, v. CITY OF GLENDALE, a Municipal Corporation, and John Morin, Chief of Police of the City of Glendale, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied August 9, 1976.

Review Granted September 14, 1976.

Attorney(s) appearing for the Case

Robbins, Green, O'Grady & Abbuhl by Philip A. Robbins, Harriet C. Babbitt, Phoenix, for appellants.

Moore & Romley by Kenneth J. Sherk, Donald W. Hart, Phoenix, for appellees.

OPINION

WREN, Judge.

This appeal is taken from the granting of a Motion to Dismiss for failure to state a claim upon which relief might be granted against the City of Glendale and John Morin, the Glendale police chief. Appellants concede that John Morin was properly dismissed as a party defendant and appeal only the dismissal as to the City of Glendale.

The facts, as alleged by the appellant, are that on August 7, 1971, Mrs. Pierson telephoned a complaint...

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