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LAWHON v. L.B.J. INSTITUTIONAL SUPPLY

No. 1 CA-CIV 9398.

159 Ariz. 179 (1988)

765 P.2d 1003

Ruth A. LAWHON, surviving wife of Gideon A. Lawhon, for and on behalf of Ruth A. Lawhon, Robert G. Lawhon and Patricia A. Lawhon, Plaintiffs-Appellants, v. L.B.J. INSTITUTIONAL SUPPLY, INC., an Arizona corporation; and Disco, Inc., a Georgia corporation, Defendants-Appellees.

Court of Appeals of Arizona, Department A.

Review Denied January 20, 1989.

Attorney(s) appearing for the Case

Albert E. Van Wagner, P.C. by Albert E. Van Wagner, Jr. and C. Steven McMurry, Phoenix, for plaintiffs-appellants.

Crampton, Woods, Broening & Oberg by Terrence P. Woods, Brian Holohan, Phoenix, for defendant-appellee L.B.J. Institutional Supply, Inc.

Evans, Kitchel & Jenckes, P.C. by Amy R. Coy, Brad K. Keogh, Phoenix, for defendant-appellee Disco, Inc.

OPINION

CORCORAN, Judge.

Appellants Lawhon appeal from the granting of a motion for judgment on the pleadings in favor of two defendants in a wrongful death action. The trial court considered matters outside the pleadings and the motion was treated as a motion for summary judgment. See rule 12(c), Arizona Rules of Civil Procedure. Defendants' motion was based on the expiration of the applicable statute of limitations. We reverse the judgment, based...

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