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PONDEROSA PLAZA v. SIPLAST

No. 1 CA-CV 91-0265.

181 Ariz. 128 (1993)

888 P.2d 1315

PONDEROSA PLAZA, a joint venture, Plaintiff-Appellant, Cross Appellee, v. SIPLAST, a foreign corporation, Defendant-Appellee, Cross Appellant.

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

July 22, 1993.

Attorney(s) appearing for the Case

Aron & Associates, P.C. by Terry W. Aron and Esther B. Simon, Tucson, for plaintiff-appellant, cross appellee.

Ridenour, Swenson, Cleere & Evans, P.C. by Harold H. Swenson and Robert R. Byrne, Phoenix, for defendant-appellee, cross appellant.

OPINION

WEISBERG, Judge.

This case arises out of a dispute over repairs to a damaged roof. The novel issue we address is whether travel expenses of out-of-state witnesses are allowable as costs pursuant to Ariz. Rev. Stat. Ann. ("A.R.S.") section 12-332. We hold that they are not.

FACTS AND PROCEDURAL HISTORY

Appellant Ponderosa Plaza ("Ponderosa") is the owner of Ponderosa Plaza Mall in Prescott, Arizona. In 1983, the mall roof sustained...

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