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NICHOLS v. MARTIN

No. 2 CA-CIV 2809.

121 Ariz. 208 (1978)

589 P.2d 451

Richard E. NICHOLS, Appellant, v. Mary E. MARTIN, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 6, 1978.

Attorney(s) appearing for the Case

Clay G. Diamos, Tucson, for appellant.

Law Offices of John Wm. Johnson, by Christopher Paul Tabing, Tucson, for appellee.

OPINION

HOWARD, Judge.

This is an action in replevin for the recovery of an airplane and damages for its wrongful detention. The trial court awarded appellee $17,680 for loss of use of the airplane, her "expenses" in the sum of $3,425 and ordered appellant to return the airplane to her. Appellee's request for punitive damages was denied.

The issues to be decided are: (1) whether appellant had a superior right to possession of the airplane when he took...

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