C. MEISEL MUSIC COMPANY v. PERL

No. 1 CA-CIV 229.

3 Ariz. App. 479 (1966)

415 P.2d 575

C. MEISEL MUSIC COMPANY, Inc., a corporation, Appellant, v. Benjamin E. PERL dba House of Music and Harry Leidhaber dba Fairway Loan Company, Appellees.

Court of Appeals of Arizona.

Rehearing Denied July 18, 1966.

Review Denied September 27, 1966.


Attorney(s) appearing for the Case

Wilson & McConnell, by John Thompson, Phoenix, for appellant.

Abbott H. Goldenkoff, Phoenix, for appellees.


CAMERON, Judge.

This is an appeal from an order of the lower court granting a motion filed pursuant to Rule 60(c), (5) and (6), of the Rules of Civil Procedure, 16 A.R.S., relieving the defendant Leidhaber from the provisions of a default judgment obtained against him by plaintiff Meisel Music Company.

We are called upon to determine whether the uncontroverted facts as indicated by the affidavits on file are sufficient to authorize the trial court to relieve...

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