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B & P CPNCRETE, INC. v. TURNBOW

No. 1 CA-CIV 3039.

114 Ariz. 408 (1977)

561 P.2d 329

B & P CONCRETE, INC., an Arizona Corporation, Appellant, v. Jack TURNBOW and Jane Doe Turnbow, his wife, Individually and dba APCON, Samuel Lewis Hutcheson and Jane Doe Hutcheson, his wife, Dick Richards and Jane Doe Richards, his wife, Individually and dba Hutcheson & Richards Enterprises, General Insurance Company of America, a Washington Corporation, Appellees.

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

Rehearing Denied March 4, 1977.

Attorney(s) appearing for the Case

Leonard J. Mark, Phoenix, for appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by Jeffrey B. Smith, P. Michael Whipple, Phoenix, for appellees.

OPINION

FROEB, Chief Judge.

This suit was brought by B & P Concrete, Inc., an Arizona corporation (referred to as B & P) to recover an unpaid balance due from a construction job. The trial court dismissed the action following a motion for summary judgment on the ground that B & P was not a duly licensed contractor and was barred from suit by reason of A.R.S. § 32-1153.

The complaint of B & P alleges, in substance, that in March...

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