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BISCHOFSHAUSEN v. PINAL-GILA COUNTIES

No. 2 CA-CIV 4443.

138 Ariz. 109 (1983)

673 P.2d 307

Pauline D. BISCHOFSHAUSEN et al., Plaintiffs/Appellants, v. PINAL-GILA COUNTIES AIR QUALITY CONTROL DISTRICT; The City of Globe, a municipality, 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

Harrison & Lerch, P.C. by Mark I. Harrison, Douglas L. Christian, Susan M. Segal and Bonnie C. Gordon, Phoenix, Baskin & Sears by Thomas W. Henderson and Joan Feldman, Pittsburgh, Pa., for plaintiffs/appellants.

Burch & Cracchiolo, P.A. by Brian Kaven, Edwin C. Bull and Daryl Manhart, Phoenix, for defendant/appellee Pinal-Gila Counties Air Quality Control District.

Leonard Everett, Tucson, for defendant/appellee The City of Globe.

OPINION

HATHAWAY, Judge.

This appeal is taken from the dismissal of the negligence and nuisance counts of appellants' complaint for failure to state a claim for relief against appellees.

Appellants are 72 residents, former residents and/or property owners at the Mountain View Mobile Home subdivision located in Globe, Arizona. Appellees are two of numerous defendants in a suit filed by appellants for damages resulting from pollution of the environment...

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