No. 2 CA-CIV 3170.

122 Ariz. 341 (1979)

594 P.2d 1037

Palmer D. McCUISTION and Anne H. McCuistion, husband and wife, Individually and as guardian and next best friend of Agnes McCuistion and Andrea McCuistion, and Mrs. Lon Hunt, Individually, and John S. Hunt and Jane Doe Hunt, husband and wife, Individually, Plaintiffs-Appellants, v. CITY OF HUACHUCA CITY, a body politic, Defendant-Appellee.

Court of Appeals of Arizona, Division 2.

April 30, 1979.

Attorney(s) appearing for the Case

Rabinovitz, Dix & Sands, P.C. by Charles G. Rehling, Tucson, for plaintiffs-appellants.

Mesch, Marquez, Clark & Rothschild, P.C. by Alfred C. Marquez and Patricia Wendel, Tucson, for defendant-appellee.


RICHMOND, Chief Judge.

Plaintiffs appeal from a judgment dismissing their amended complaint for failure to state a claim against the City of Huachuca City upon which relief can be granted, and from an order denying their motion to set aside the judgment. Because the complaint states a claim for relief we reverse and remand.

The amended complaint alleges that on two occasions in 1975, as a result of Huachuca City's negligent failure to protect...

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