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SAKALL v. INSURANCE CO. OF NORTH AMERICA

No. 2 CA-CIV 3046.

122 Ariz. 548 (1979)

596 P.2d 383

Melanie Lueck SAKALL, Individually and Melanie Lueck Sakall, as Guardian and Conservator of Theadore Lueck and Jeffery Lueck, Plaintiff/Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, a corporate surety, authorized to do and doing business in Arizona and incorporated under the laws of Pennsylvania, James B. Faux, resident agent of Insurance Company of North America, Lawrence Velasco, resident agent of Insurance Company of North America, and Southern Pacific Transportation Company, a Delaware Corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 16, 1979.

Review Denied June 5, 1979.

Attorney(s) appearing for the Case

Haralson, Kinerk & Morey, P.C. by Dale Haralson, Tucson, for plaintiff/appellant.

Bilby, Shoenhair, Warnock & Dolph, P.C. by Barry M. Davis and Richard M. Bilby, Tucson, for defendants/appellees.

OPINION

RICHMOND, Chief Judge.

This is an action on a supersedeas bond for "damages for delay" during appeal as the result of the erosion in purchasing power of the amount of a money judgment. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. We affirm the judgment of dismissal.

Plaintiff in her individual and representative capacities was awarded a judgment totaling $3.08 million in August, 1973...

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