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PAYNE v. PENNZOIL CORP.

No. 2 CA-CIV 4670.

138 Ariz. 52 (1983)

672 P.2d 1322

Clarence R. PAYNE and Mary Payne, husband and wife, Plaintiffs/Appellants, v. PENNZOIL CORPORATION, a corporation; Duval Corporation, a corporation; C.O. Gracey; Jessie Romero; and J.W. Fortson, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 3, 1983.

Review Denied December 6, 1983.

Attorney(s) appearing for the Case

Robert Q. Hoyt and Edwin B. McLean, Tucson, for plaintiffs/appellants.

Bilby, Shoenhair, Warnock & Dolph, P.C. by John A. Robertson, Tucson, for defendants/appellees.

OPINION

BIRDSALL, Judge.

The trial court granted the appellees' motion to dismiss Count One of the appellants' complaint as to the appellees C.O. Gracey, Jessie Romero and J.W. Fortson and Count Three which was directed only against the appellees Pennzoil Corporation and Duval Corporation. The motion to dismiss was based on lack of subject matter jurisdiction and failure to state a claim. Rule 12(b), Arizona Rules of Civil Procedure, 16 A.R.S. The appellees...

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