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SHOOSHANIAN v. WAGNER

Nos. 6841, 6874.

672 P.2d 455 (1983)

Joseph SHOOSHANIAN and Lucille Shooshanian, Husband and Wife, d/b/a A to Z Co., Appellants, v. Dennis E. WAGNER, Borden, Inc., a Corporation, and Thermal Efficiency, Inc., a Washington Corporation, Appellees. BORDEN, INC., a Corporation, Cross-Appellant, v. Joseph SHOOSHANIAN and Lucille Shooshanian, Husband and Wife, Cross-Appellees.

Supreme Court of Alaska.

October 28, 1983.

Attorney(s) appearing for the Case

Peter W. Giannini, Giannini & Associates, Anchorage, for appellants/cross-appellees.

Peter J. Maassen, Burr, Pease & Kurtz, Anchorage, and Michael W. Davis, Sidley & Austin, Chicago, Ill., for appellee/cross-appellant Borden.

Nicholas C. Newman, Lee, Smart, Cook, Martin & Patterson, P.S., Inc., Anchorage, for appellee Thermal Efficiency, Inc.

Before BURKE, C.J., RABINOWITZ, MATTHEWS and COMPTON, JJ., and DIMOND, Senior Justice.

OPINION

DIMOND, Senior Justice.

This is an appeal of the superior court's order dismissing the Shooshanians' suit with prejudice for failure to state a claim upon which relief can be granted. We reverse the superior court's decision.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1977, appellants Joseph and Lucille Shooshanian began constructing a building to house their retail electronics supplies store and repair shop, with a second story designed...

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