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STONE v. ARIZONA HIGHWAY COMMISSION

No. 6936.

93 Ariz. 384 (1963)

381 P.2d 107

Ernest STONE, individually and as surviving spouse of Hathaway Stone, deceased, Darrell Stone and Denise Stone, by their Guardian ad Litem, Ernest Stone, Appellants, v. The ARIZONA HIGHWAY COMMISSION and Fred D. Schemmer, Frank E. Moore, Grover J. Duff, William P. Copple, and James R. Heron, members thereof, William E. Willey, individually and as State Highway Engineer, C.B. Browning, individually and as Deputy State Engineer, J.R. Van Horn, individually and as District Engineer, American Employers' Insurance Company, a corporation, Appellees.

Supreme Court of Arizona. En Banc.

Rehearing Denied May 28, 1963.

Attorney(s) appearing for the Case

Udall & Udall, Tucson, for appellants.

Wade Church, former Atty. Gen., Robert W. Pickrell, Atty. Gen., Phoenix, Ralph L. Fenderson, Jr., former Asst. Atty. Gen., Scottsdale, for Arizona Highway Commission and others.

Jennings, Strouss, Salmon & Trask, Phoenix, for appellee, American Employers' Ins. Co., a corporation.

LOCKWOOD, Justice.

Ernest Stone, individually and as surviving spouse of Hathaway Stone, deceased, and as guardian ad litem of Darrell and Denise Stone, sued Wallace & Wallace Construction Company (a road construction contractor); the Arizona Highway Commission and the members constituting the Commission; William E. Willey, individually and as State Highway Engineer; F.S. Berg, individually and as Deputy State Engineer; and J.R. Van Horn, individually and as District...

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