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MILLER v. MASON-McDUFFIE CO. OF SO. CAL.

No. 2 CA-CIV 5653.

153 Ariz. 582 (1986)

739 P.2d 803

Michael M. MILLER, E.L. "Al" Faber and Faber Brothers Construction Co., an Arizona general partnership, Plaintiffs/Appellants/Cross-Appellees, v. MASON-McDUFFIE COMPANY OF SOUTHERN CALIFORNIA, a California corporation, Defendant/Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 2, Department A.

April 14, 1986.

Attorney(s) appearing for the Case

Kaufman, Apker & Nearhood, P.C. by Robert P. Kaufman and Kathleen M. Pierce, Phoenix and Clair William Lane, Ltd. by Clair W. Lane, Tempe, for plaintiffs/appellants/cross-appellees.

Meyer, Hendricks, Victor, Osborn & Maledon, P.A. by Andrew D. Hurwitz and Earl, Baird & Williams by Daryl M. Williams, Phoenix, for defendant/appellee/cross-appellant.

OPINION

FERNANDEZ, Judge.

Appellants Miller, Faber and Faber Brothers Construction Co. (hereafter "Miller") seek reversal of the judgment entered against them upon a jury verdict. They contend that the trial court improperly instructed the jury as to the elements of the case. Appellee Mason-McDuffie Company of Southern California (hereafter "Mason-McDuffie") has cross-appealed regarding the proper measure of damages to be applied in the event a new trial is...

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