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CITIZEN'S UTILITY, INC. v. LIVINGSTON

No. 2 CA-CIV 1247.

21 Ariz. App. 48 (1973)

515 P.2d 345

CITIZEN'S UTILITY, INC., a corporation, Appellant and Cross-Appellee, v. Mary S. LIVINGSTON, as surviving spouse of Leroy H. Livingston, Deceased, Appellee and Cross-Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 20, 1973.

Review Denied December 18, 1973.

Attorney(s) appearing for the Case

Gaynor K. Stover, Tucson, for appellant and cross-appellee.

Paul G. Rees, Jr., Tucson, for appellee and cross-appellant.

OPINION

HOWARD, Judge.

This appeal arises from a wrongful death action by the surviving spouse of the deceased. A summary judgment in appellant's favor was reversed in the case of Livingston v. Citizen's Utility, Inc., 107 Ariz. 62, 481 P.2d 855 (1971). The case proceeded to trial before a jury which rendered a verdict in appellee's favor in the sum of $113,000. Appellant's motions for judgment...

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