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STATE EX REL., ETC. v. SERGENT, HAUSKINS

Nos. 1 CA-CIV 2694, 1 CA-CIV 2784.

27 Ariz. App. 469 (1976)

556 P.2d 23

The STATE of Arizona ex rel. the STATE COMMUNITY COLLEGE BOARD, a body politic, the Cochise College District Governing Board, a body politic, Appellants, v. SERGENT, HAUSKINS & BECKWITH, INC., formerly Warne, Sergent & Hauskins, B. Dwaine Sergent and Jane Doe Sergent, his wife, John B. Hauskins and Jane Doe Hauskins, his wife, George H. Beckwith and Jane Doe Beckwith, his wife, James B. Warne, Jr. and Jane Doe Warne, his wife, Engineers Testing Laboratories, Inc., Appellees. The STATE of Arizona ex rel. the STATE COMMUNITY COLLEGE BOARD, a body politic, the Cochise College District Governing Board, a body politic, Appellants, v. MAGADINI ASSOCIATES, INC., a Professional Corporation, Charles R. Magadini and Jane Doe Magadini, his wife, H.M. Elliott and Jane Doe Elliott, his wife, J.S. Alagia and Jane Doe Alagia, his wife, J.H. Gervasio and Jane Doe Gervasio, his wife, Appellees.

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

Rehearing Denied October 6, 1976.

Petition for Review Denied November 9, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Monte C. Clausen, Sp. Asst. Atty., Phoenix, for appellants.

Engdahl, Jerman, Butler & Estep by Dean Estep, Lewis & Roca by Joseph E. McGarry, Paul G. Ulrich, Richard N. Goldsmith, Phoenix, for appellees Sergent, Hauskins & Beckwith, Inc., and others.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by M.E. Rake, Jr., Phoenix, for appellee Magadini Associates, Inc.

OPINION

OGG, Judge.

We are reviewing two consolidated cases involving alleged negligence and breach of contract in the construction of two dormitories at Cochise College in Douglas, Arizona.

The issue determining both appeals is whether appellant/plaintiffs, the State Community College Board and the Cochise College District Governing Board qualify as the "state" in order to nullify the defense of the statute of limitations under the provisions of ARS...

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