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COYNER CROP DUSTERS v. MARSH

No. 6543.

91 Ariz. 371 (1962)

372 P.2d 708

COYNER CROP DUSTERS, an Arizona corporation, and Elizabeth S. Coyner, Executrix of the Estate of Jack D. Coyner, Deceased, Appellants, v. W.O. MARSH; C.A. Clements; Gene Autry; W.R. Bimson; E. Ray Cowden; G.C. Taylor; M.T. Clemans, Trustee for W.J. Clemans, III, and Charles Clemans; W.J. Clemans, Trustee for Mark Twain Clemans, Jr., Barbara R. Clemans, and Virginia L. Clemans; A. Boyd Clements; Cynthia Sue Clements Tubbs; John Doe and Jane Doe, individually and as copartners doing business as Marsh Aviation Co.; Carl Nicholson; Leonard Pemberton; Paradise Aviation Company, an Arizona corporation; John Roe and Jane Roe; and Fictitious Corporation, Appellees.

Supreme Court of Arizona. En Banc.

June 29, 1962.

Attorney(s) appearing for the Case

Z. Simpson Cox, L.J. Cox, Jr., Marion R. Smoker, Ira I. Schneier, Phoenix, for appellants.

Snell & Wilmer, Phoenix, for appellee Marsh.

Lewis, Roca, Scoville, Beauchamp & Linton, Phoenix, for appellees Paradise Aviation Co. and Leonard Pemberton.

BERNSTEIN, Chief Justice.

This is a consolidated action in which Elizabeth Coyner, as executrix of the estate of J.D. Coyner seeks recovery for the wrongful death of the decedent, and Coyner Crop Dusters, a corporation, seeks recovery for the destruction of an airplane. Briefly stated, the facts are these: Paradise Airport, an airport situated northwest of Phoenix, Arizona, at the time of the accident was composed of a number of intersecting graded runways used for...

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