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SOUTHERN ARIZ. SCH. FOR BOYS, INC. v. CHERY

No. 2 CA-CIV 2656.

119 Ariz. 277 (1978)

580 P.2d 738

SOUTHERN ARIZONA SCHOOL FOR BOYS, INC., Appellant, v. Allen William CHERY, Sr., and Carey Eleanor Chery, husband and wife, Frederick E. Lindquist and Karen B. Lindquist, husband and wife, Catherine B. Cahill, a widow, Melisande Saltus, an unmarried woman, Carolyn Flessner, an unmarried woman, Slade Cutter and Jane Doe Cutter, husband and wife, Jean Medlen, whose true name is Norma J. Medlen, and John Doe Medlen, wife and husband, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 12, 1978.

Review Denied May 23, 1978.

Attorney(s) appearing for the Case

Schorr, Leonard & Felker, P.C. by David J. Leonard and Franklin O. Eldridge, Tucson, for appellant.

Vincent E. Odgers, Tucson, for appellees.

OPINION

HATHAWAY, Judge.

This appeal by Southern Arizona School for Boys, Inc., (SAS), is from a judgment by default awarding it $1 in nominal damages on count one of its counterclaim. Appellees are former teachers and members of the administrative staff at SAS who commenced a class action for unpaid wages. Appellant answered the complaint, alleging that appellees had refused a tender of payment by SAS, and counterclaimed for damages for breach of their employment...

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