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BIDDLE v. MOUNTAIN STATES TEL. & TEL. CO.

No. 78-2128.

629 F.2d 571 (1980)

James B. BIDDLE and wife, Jo Ann Biddle; Vernon R. Shetler and wife, Rickey Shetler, Appellants, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a corporation authorized to do business in the State of Arizona, Appellee.

United States Court of Appeals, Ninth Circuit.

July 14, 1980.

Attorney(s) appearing for the Case

Brooks T. Hozier, Guttilla & Hozier, P. C., Phoenix, Ariz., for appellants.

George T. Cole, Phoenix, Ariz., argued, Nancy L. Rowen, Atty., Phoenix, Ariz., on brief, for appellee.

Before KENNEDY and NELSON, Circuit Judges, and STEPHENS, District Judge.

STEPHENS, Senior District Judge.

Plaintiffs, James B. Biddle, Jo Ann Biddle, Vernon R. Shetler and Rickey Shetler, appeal from the entry of summary judgment in favor of defendant, The Mountain States Telephone and Telegraph Company (Mountain Bell), in this breach of contract action.

Summary judgment was granted on grounds that the action was barred by A.R.S. § 12-543, which provides a three year statute of limitations for debt evidenced by an oral contract...

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