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AYRES v. RED CLOUD MILLS, LTD.

No. 1 CA-CV 8956.

167 Ariz. 474 (1990)

808 P.2d 1226

James AYRES and Michael Pirtle, Cross Appellants, v. RED CLOUD MILLS, LTD., an Arizona limited partnership; Red Cloud Mining & Milling Corporation; Yuma Metals, Inc., an Arizona corporation; John Does 1-10; Jane Does 1-10; ABC Corporation, XYZ Partnership, Cross Appellees, Lila McCall, Intervenor, Cross Appellee.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied May 7, 1991.

Attorney(s) appearing for the Case

Engler, Engler, Weil & Nelson by John A. Weil, Yuma, for cross appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Redfield T. Baum, Phoenix, for intervenor appearing for cross appellees.

OPINION

TAYLOR, Judge.

This appeal primarily concerns whether a miner's lien under A.R.S. § 33-989 can include treble damages for unpaid wages pursuant to A.R.S. § 23-355. Other issues raised include the validity of the judgment in light of the various defendants' bankruptcies, whether an intervenor on appeal has standing to defend the appeal, and whether the trial court abused its discretion by refusing to award the cross-appellants their attorney...

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