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ESTATE OF HERNANDEZ v. FLAVIO

No. CV-95-0452-PR.

187 Ariz. 506 (1997)

930 P.2d 1309

The ESTATE OF Ruben A. HERNANDEZ, by Elizabeth L. HERNANDEZ-WHEELER, as his Personal Representative, Elizabeth A. Hernandez-Wheeler, as Personal Representative of Ruben A. Hernandez, for and on behalf of his surviving children, Ruben R. Hernandez, Elizabeth A. Hernandez-Wheeler and Catherine Rose Poli, and Ruben R. Hernandez, Elizabeth L. Hernandez-Wheeler, and Catherine Rose Poli, in their individual capacity, Plaintiffs/Appellants, v. Christopher FLAVIO, Glen Michael, John Manross, Paul Reynolds, Erick Roberts, Thomas Schwarze, Douglas Sims, Scott Urban and Larry Wagner, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

January 23, 1997.

Attorney(s) appearing for the Case

Risner & Graham by William J. Risner, Kenneth K. Graham, Tucson, for Plaintiffs/Appellants.

Potts & Peterson by Richard G. Potts, Roger Peterson, Phoenix, for Christopher Flavio and Larry Wagner.

O'Dowd Burke & Lundquist by Robert E. Lundquist, Tucson, for Glen Michael, Paul Reynolds, Douglas Sims and Scott Urban.

O'Connor, Cavanagh, Molloy & Jones by Peter Akmajian, James D. Campbell, Tucson, for Thomas Schwarze.

OPINION

MOELLER, Justice.

FACTS AND PROCEDURAL HISTORY

Delta Tau Delta is a fraternity with a chapter at the University of Arizona, where it hosts social functions throughout the school year. At the time this case arose, members of the fraternity contributed money each semester to a social fund, which was used to purchase alcohol for that semester's social events. The social chairman, a member over 21 years of age, used the...

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