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CATLIN v. COMMISSARIAT

No. 2 CA-CIV 3581.

127 Ariz. 289 (1980)

619 P.2d 1066

Hamilton R. CATLIN and Kittie B. Catlin, husband and wife, Plaintiffs/Appellants, v. P.B. COMMISSARIAT, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 13, 1980.

Review Denied December 2, 1980.

Attorney(s) appearing for the Case

Lesher, Kimble & Rucker, P.C. by Darwin J. Nelson, Tucson, for plaintiffs/appellants.

O'Dowd & Burke by Erik M. O'Dowd, Tucson, for defendant/appellee.

OPINION

RICHMOND, Judge.

The threshold question that disposes of this appeal is whether the defense of lack of personal jurisdiction can be revived by an amended pleading filed pursuant to stipulation after it has been waived under the Rules of Civil Procedure. We hold it cannot and reverse the judgment dismissing plaintiffs' claim against defendant P.B. Commissariat.

The complaint in this product liability...

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