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PHYSICAL THERAPY ASSOC. v. PINAL COUNTY

No. 2 CA-CV 5774.

154 Ariz. 405 (1987)

743 P.2d 1

PHYSICAL THERAPY ASSOCIATES, INC., a Texas corporation, successor in interest to Lifemark Physical Therapy, Inc., Plaintiff/Appellant, v. PINAL COUNTY and Pinal General Hospital, Defendants/Appellees.

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

Reconsideration Denied May 12, 1987.

Review Denied September 15, 1987.

Attorney(s) appearing for the Case

Fennemore, Craig, von Ammon, Udall & Powers, P.C. by Timothy Berg, Reed C. Tolman and Loral Deatherage, Phoenix, for plaintiff/appellant.

Roy A. Mendoza, Pinal Co. Atty. by Stephen M. Kemp, Florence, for defendants/appellees.

OPINION

HATHAWAY, Chief Judge.

This appeal involves an action brought for breach of a restrictive covenant. The court below granted appellees' motion to dismiss the action pursuant to Rule 12(b), Rules of Civil Procedure, 16 A.R.S. Appellant claims it was error for the court to grant the motion. We agree and reverse.

Appellant, Physical Therapy Associates, Inc. (PTA), is successor in interest to Lifemark...

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