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MORRIS v. ACHEN CONST. CO., INC.

No. CV-86-0360-PR.

155 Ariz. 512 (1987)

747 P.2d 1211

John P. MORRIS and Barbara D. Morris, husband and wife, Defendants/Counter-Claimants/Appellants/Cross-Appellees, v. ACHEN CONSTRUCTION COMPANY, INC., an Arizona corporation; Sanders T. Achen and Roxanne M. Achen, husband and wife; Brett J. Hunsinger; Jalma Hunsinger, Plaintiffs/Counter-Defendants/Appellees/Cross-Appellants.

Supreme Court of Arizona, En Banc.

Reconsideration Denied February 2, 1988.

Attorney(s) appearing for the Case

Gallagher & Kennedy, P.A. by Michael L. Gallagher and Kevin E. O'Malley, Phoenix, for John P. Morris and Barbara D. Morris.

Law Offices of Mitchell C. Laird, P.C. by Mitchell C. Laird and Douglas H. Cook, Phoenix, for Brett J. Hunsinger and Jalma Hunsinger.

Ronald L. Junck, P.C. by Ronald L. Junck, Phoenix, for Achen Const. Co., Sanders T. Achen and Roxanne M. Achen.

MOELLER, Justice.

JURISDICTION

We granted review in this case limited to two issues. The first concerned the propriety of an award of attorneys' fees under A.R.S. § 12-341.01(A). The second concerned the propriety of the language of the trial court's jury instruction on recoupment. Upon full review of the record, we agree with the court of appeals that the language of the recoupment instruction is not a proper...

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