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A. MINER CONTRACTING v. TOHO-TOLANI COUNTY

No. 1 CA-CV 10-0665.

311 P.3d 1062 (2013)

A. MINER CONTRACTING, INC., an Arizona corporation; and Safeco Insurance Company of America, a Washington corporation, Appellants, v. TOHO-TOLANI COUNTY IMPROVEMENT DISTRICT, a political subdivision of the State of Arizona organized under A.R.S. § 48-901; Coconino County, a political body, Appellees.

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

September 19, 2013.

Attorney(s) appearing for the Case

Polsinelli PC By David W. Lunn and Kathryn A. Smetana , Phoenix, Attorneys for Appellants.

Greenberg Traurig, LLP By E. Jeffrey Walsh , Gregory W. Seibt , and Julie R. Barton , Phoenix, Attorneys for Appellees.

OPINION

PHILIP HALL, Judge (Retired).*

¶ 1 This case involves a construction contract dispute between A. Miner Contracting, Inc. ("Miner") and the Toho-Tolani County Improvement District and Coconino County (collectively, "the District"). In granting summary judgment to the District, the trial court found that the District's previous finding that Miner had defaulted on its contractual obligations was conclusive as to Miner...

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