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BROWN v. SYSON

No. 2 CA-CIV 4424.

135 Ariz. 567 (1983)

663 P.2d 251

Jack L. BROWN and Elaine Brown, husband and wife, Plaintiffs/Appellants, v. Douglas SYSON and Jane Doe Syson, husband and wife, and the City of Bisbee, a municipal corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

March 28, 1983.

Attorney(s) appearing for the Case

Newkirk, Beren & Cobb, P.C. by Peter Beren, Tucson, for plaintiffs/appellants.

Polley & Polley by Wesley E. Polley, Bisbee, for defendant/appellee City of Bisbee.

Dake, Hathaway, Fritz & Swan, P.C. by Joseph B. Swan, Jr., Phoenix, for defendants/appellees Syson and City of Bisbee.

OPINION

HATHAWAY, Judge.

In view of the Arizona Supreme Court decision in Ryan v. State, 134 Ariz. 308, 656 P.2d 597 (1982), we must reverse the trial court's granting of the defense motion for summary judgment. In Ryan, the supreme court expressly overruled the doctrine of immunity expressed in Massengill v. Yuma County, 104 Ariz. 518

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