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ROSALES v. CITY OF ELOY

No. 2 CA-CIV 3041.

122 Ariz. 134 (1979)

593 P.2d 688

Gilbert ROSALES and Lupe Rosales, husband and wife, Plaintiffs-Appellees v. CITY OF ELOY, a Municipal Corporation, and Wes Mauldin, Chief of Police of the City of Eloy, Defendants-Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 28, 1979.

Review Denied April 17, 1979.

Attorney(s) appearing for the Case

Stanfield, McCarville, Coxon, Cole & Fitzgibbons by David A. Fitzgibbons, Casa Grande, for plaintiffs-appellees.

Lesher, Kimble & Rucker, P.C. by Michael J. Gothreau, Tucson, for defendants-appellants.

OPINION

HOWARD, Judge.

A jury awarded the Rosales' $75,000 based on conduct and statements by appellants during an investigation of Gilbert Rosales, a member of the City of Eloy Police Department. Appellants contend the trial court erred in allowing the appellees to amend their complaint during the trial and in denying their motion for a directed verdict. We need not discuss the first issue since we believe the trial court erred in not directing a verdict...

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