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GUNNELL v. ARIZONA PUBLIC SERVICE CO.

No. 1 CA-CV 99-0510.

18 P.3d 176 (2001)

199 Ariz. 382

Stanley and Jennifer GUNNELL, husband and wife, Plaintiffs-Appellants, v. ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation, Defendant-Appellee.

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

March 8, 2001.

Attorney(s) appearing for the Case

Jones & Rosenberg by Bruce E. Rosenberg, Prescott, Attorneys for Plaintiffs-Appellants.

Gaona Moore, P.C. by David F. Gaona and Bruce Gardner, Phoenix, Attorneys for Defendant-Appellee.

OPINION

GARBARINO, Judge.

¶ 1 Stanley and Jennifer Gunnell appeal the trial court's grant of summary judgment in favor of Arizona Public Service Company (APS). The trial court ruled that, pursuant to the Underground Facilities Act, Ariz.Rev.Stat. Ann. (A.R.S.) §§ 40-360.21 to 40-360.32 (1996 & Supp.1999), the Gunnells are liable for damage to APS's underground facility, APS is entitled to indemnity for damages it must pay to James Knox...

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