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STATE FARM MUT. AUTO. INS. CO. v. TARANTINO

No. 12686.

114 Ariz. 420 (1977)

561 P.2d 744

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Appellant, v. Gabriel V. TARANTINO, Appellee.

Supreme Court of Arizona, In Division.

February 28, 1977.

Attorney(s) appearing for the Case

Hofmann, Salcito & Hover by Leroy W. Hofmann, Phoenix, for appellant.

Anderson & Holloway, Frederick M. Aeed by Paul W. Holloway, Phoenix, for appellee.

HAYS, Justice.

The defendant below, State Farm Mutual Automobile Insurance Company, is appealing from the trial court's granting the plaintiff's motion for summary judgment in an action for a declaratory judgment. The Arizona Supreme Court has jurisdiction pursuant to rule 47(e)(5) of the Rules of the Supreme Court, 17A A.R.S.

The facts are not in dispute. On May 11, 1969, the plaintiff-appellee, Gabriel Tarantino, a police officer for the city of Phoenix...

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