SMITH v. MacDOUGALL

No. 2 CA-CIV 4805.

139 Ariz. 22 (1983)

676 P.2d 656

Gregory Michael SMITH, Plaintiff/Appellant, v. Ellis MacDOUGALL, Director, State of Arizona Department of Corrections and The State of Arizona, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Review Denied February 15, 1984.


Attorney(s) appearing for the Case

Lacambra, Kerry & Schocket by Robert A. Kerry, Tucson, for plaintiff/appellant.

Robert K. Corbin, Atty. Gen. by Robert F. Ellig, Asst. Atty. Gen., Phoenix, for defendants/appellees.


OPINION

HATHAWAY, Judge.

This appeal was taken from the order of the superior court granting appellees' motion to dismiss the complaint. Although the court's order does not recite the reasons for granting the motion, the parties agree that the dismissal was based on the court's conclusion that the action was barred by the statute of limitations.

Appellant's original complaint was filed February 17, 1981, naming only the State Department of Corrections...

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