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PHOENIX NEWSPAPERS, INC. v. SCHMUHL

No. 1 CA-CIV 3013.

114 Ariz. 113 (1976)

559 P.2d 669

PHOENIX NEWSPAPERS, INC., Appellant, v. William SCHMUHL, Jr. and Victoria J. Schmuhl, husband and wife, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied December 15, 1976.

Petition for Review Denied January 11, 1977.

Attorney(s) appearing for the Case

Gust, Rosenfeld, Divelbess & Henderson by Richard A. Segal, Robert S. Porter, Phoenix, for appellant.

Goldstein, Mason & Ramras, Ltd. by Philip T. Goldstein, Thomas C. Mason, Kraig J. Martin, Phoenix, for appellees.

OPINION

OGG, Judge.

The plaintiff/appellant Phoenix Newspapers, Inc. filed a two count complaint against the defendant/appellees William Schmuhl, Jr. and Victoria J. Schmuhl. In count one the Newspaper sued Schmuhl for breach of contract, alleging that he was wrongfully withholding advance newspaper subscription payments in the sum of $5,269.05, which he had collected while working under a distribution agreement with the newspaper. In count two the Newspaper...

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