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FEDEROFF BY ROBERTS v. AETNA CAS. & SUR.

No. 2 CA-CV 89-0084.

163 Ariz. 371 (1989)

788 P.2d 104

Lawrence Joseph FEDEROFF, an incapacitated person, By and Through his Guardian and Conservator, Donald R. ROBERTS, Sr., Edward and Mildred Federoff, husband and wife, Plaintiffs/Appellants, v. AETNA CASUALTY AND SURETY COMPANY, Defendant/Appellee.

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

Reconsideration Denied December 22, 1989.

Review Denied March 20, 1990.

Attorney(s) appearing for the Case

Leighton H. Rockafellow by Lynn E. Goar, Tucson, for plaintiffs/appellants.

Black, Robertshaw, Copple & Pozgay by Steven D. Copple and Philip C. Thorpe, Phoenix, for defendant/appellee.

OPINION

HATHAWAY, Judge.

This appeal is taken from summary judgment entered in favor of defendant Aetna Casualty and Surety Company (Aetna) in a declaratory judgment action.

Summary judgment is proper only where there is no genuine dispute as to any material fact and only one inference can be drawn from those undisputed material facts. Giovanelli v. First Federal Savings and Loan Ass'n of Phoenix, 120 Ariz. 577

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