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COUNTRY ESCROW SERV. v. JANES

No. 2 CA-CIV 3038.

121 Ariz. 511 (1979)

591 P.2d 999

COUNTRY ESCROW SERVICE, an Arizona Corporation, as Trustee under Trust No. 9164-T, Edward Chesin and Ruth Carol Chesin, husband and wife, Plaintiffs-Appellants, v. Kenneth R. JANES, Jr., and Rene Janes, husband and wife, and Kenneth R. Janes, Sr., and Catherine Janes, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 21, 1979.

Review Denied March 13, 1979.

Attorney(s) appearing for the Case

Law Offices of J. Emery Barker by J. Emery Barker and James P.F. Egbert, Tucson, for plaintiffs-appellants.

Mary Anne Peters, Tucson, for defendants-appellees.

OPINION

RICHMOND, Chief Judge.

This appeal is resolved by our determination of one issue: did evidence of the wrongful eviction of defendants support their recovery on their counterclaim for emotional distress and resulting physical harm?

Country Escrow Service as trustee for Edward and Ruth Carol Chesin commenced an action for unpaid rent. With their answer defendants filed a counterclaim seeking compensatory and punitive damages for fraud, wrongful...

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