BENTIVEGNA v. POWERS STEEL & WIRE PRODUCTS, INC.

No. 1 CA-CV 03-0226.

81 P.3d 1040 (2003)

206 Ariz. 581

Salvatore BENTIVEGNA and Frances Bentivegna, husband and wife, Plaintiffs-Appellants, v. POWERS STEEL & WIRE PRODUCTS, INC., an Arizona corporation, Defendant-Appellee.

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

As Amended January 6, 2004.


Attorney(s) appearing for the Case

Stephen I. Dokken, Scottsdale, and Ulrich & Anger, P.C. By Paul G. Ulrich, Melinda K. Cekander, Phoenix, Attorneys for Plaintiffs-Appellants.

Garrey, Woner, Khalil & Peshek, P.C. By D. Reid Garrey, Margaret Z. Khalil, Scottsdale, Attorneys for Defendant-Appellee.


OPINION

IRVINE, Judge.

¶ 1 Salvatore and Frances Bentivegna (collectively "the Bentivegnas") appeal the trial court's summary judgment in favor of Powers Steel & Wire Products, Inc. ("Powers") in this action seeking restitution and damages for breach of contract, breach of warranty, and negligence arising from Powers' alleged failure to properly construct a steel warehouse. The trial court ruled that the Bentivegnas' claims were barred because they...

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