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TIMMERMAN v. LIGHTNING MOVING & WAREHOUSE CO.

No. 6166.

83 Ariz. 398 (1958)

322 P.2d 376

F.W. TIMMERMAN, Lillian Bennett and C.G. Kloncz, Appellants, v. LIGHTNING MOVING & WAREHOUSE CO., a corporation; Bekins Van & Storage Co., a corporation; Westward Transfer Co., a corporation; Triple X Transfer, Inc., a corporation; Schade Transfer & Storage Co., a corporation; Valley Carriers, Inc., a corporation; Harold J. Hart, Elvis L. Baker and Quentin K. Ziegler, Co-partners, doing business as H & R Transfer & Storage Co., and Chambers Transfer and Storage Co., a corporation, Appellees.

Supreme Court of Arizona.

March 5, 1958.

Attorney(s) appearing for the Case

Cunningham, Carson & Messinger, Phoenix, and Richard H. Elliott, for appellants.

Minne & Sorenson, Phoenix, for appellees.

PHELPS, Justice.

This is an appeal from a judgment of the superior court in favor of Lightning Moving & Warehouse Co. et al., appellees, permanently enjoining appellant Timmerman, his agents, servants, employees and all other persons acting in concert with him from in any manner conducting and carrying on any operations as a common motor carrier for hire for the transportation of freight, baggage and household goods within a 25-mile radius of Phoenix, Arizona...

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