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MOYNAHAN v. FRITZ

No. 7408.

90 Ariz. 144 (1961)

367 P.2d 199

Al V. MOYNAHAN, doing business as Al Moynahan Realty and William R. Cohen, Appellants, v. Anthony FRITZ, Lawyers Title of Phoenix, Clemans Brothers Cattle Company, Inc., and W.J. Clemans and M.T. Clemans, and Clemans Cattle Company, Inc., Dumont Investment Co., John J. Dumont, Julius Rose, First National Bank of Arizona, Charles Strakosch and Lester Engler, Appellees.

Supreme Court of Arizona. En Banc.

November 29, 1961.

Attorney(s) appearing for the Case

Finn & Knudsen, Phoenix, for appellants.

Reed, Wood & Platt, Coolidge, for Clemans.

STRUCKMEYER, Chief Justice.

One Anthony Fritz, plaintiff in the court below, instituted an action against defendants, Moynahan and Cohen. They, prior to the service of their answer, applied ex parte for and received leave to serve third party defendants pursuant to the Arizona Rules of Civil Procedure, Rule 14(a). Third party defendants, Clemans Brothers Cattle Company, Inc., Clemans Cattle Company, Inc., W.J. Clemans and M.T. Clemans, thereafter filed a motion to...

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