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MANNY v. ESTATE OF ANDERSON

No. 2 CA-CIV 2424.

117 Ariz. 548 (1977)

574 P.2d 36

Oscar H. MANNY and Betty J. Manny, husband and wife, surviving parents of David H. Manny, Deceased, Appellants, v. The ESTATE of Stanford H. ANDERSON, Deceased, Gayle Anderson, Administratrix of the Estate of Stanford H. Anderson, Deceased, and Gayle Anderson, surviving spouse of Stanford H. Anderson, Deceased, Appellees. The ESTATE of Stanford H. ANDERSON, Deceased, Gayle Anderson, Administratrix of the Estate of Stanford H. Anderson, Deceased, and Gayle Anderson, surviving spouse of Stanford H. Anderson, Deceased, Appellants, v. AVEMCO INSURANCE COMPANY and/or Airway Casualty Company, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 5, 1977.

Review Denied January 24, 1978.

Attorney(s) appearing for the Case

Barber, Haralson & Kinerk, P.C. by Burton J. Kinerk, Tucson, for appellants Manny.

Harlan Heilman, Yuma, for appellants Anderson and appellees Anderson.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for appellees Avemco.

OPINION

HATHAWAY, Judge.

This is an appeal by the plaintiffs, survivors of David Manny, from an order setting aside a default judgment in a wrongful death action. The defendants, the Estate of Stanford H. Anderson and Gayle Anderson, surviving spouse and administratrix, are also appealing the order. The defendants' insurer is appellee, Airway Casualty Company, now known as Avemco Insurance Company, which successfully moved to vacate the default judgment against...

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