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WIRTS v. S & B FOOD ENTERPRISES, INC.

No. 1 CA-CV 13-0161.

KEVIN WIRTS, a single man, Plaintiff/Appellant, v. S & B FOOD ENTERPRISES, INC. dba PIZZA HUT, an Arizona corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division One.

Filed February 4, 2014.

Attorney(s) appearing for the Case

Goldberg & Osborne, Prescott, By Lee M. Nation , Counsel for Plaintiff/Appellant.

Lewis Brisbois Bisgaard & Smith, LLP, Phoenix, By Stephen D. Hoffman , Bruce C. Smith , Counsel for Defendant/Appellee.

Chief Judge Diane M. Johnsen delivered the decision of the Court, in which Judge Peter B. Swann and Judge Jon W. Thompson joined.

NOT FOR PUBLICATION

UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.

MEMORANDUM DECISION

JOHNSEN, Judge.

¶1 Kevin Wirts appeals from the superior court's entry of summary judgment in favor of S&B Food Enterprises, Inc. For the following reasons, we affirm in part and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

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