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ORACLE, ETC. v. MAMMOTH HIGH, ETC.

No. 2 CA-CIV 3816.

130 Ariz. 41 (1981)

633 P.2d 450

ORACLE SCHOOL DISTRICT NO. 2, a body politic; and Members of the Board of Trustees, Hershel Brisby, Elizabeth Prichard, James Caffall, Anne Blomquist, and Tom Fredrick; and Jack Harmon, Superintendent, Plaintiffs/Appellants, v. MAMMOTH HIGH SCHOOL DISTRICT NO. 88, and Mammoth School District No. 8, a body politic and Members of the Board of Education, Robert Hockett, John Dicus, H. (PAT) Harris, Virgil Mercer, and William Wood; and Joel Tudor, Superintendent; and Sherry Ferguson, Pinal County School Superintendent, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 22, 1981.

Review Denied September 15, 1981.

Attorney(s) appearing for the Case

Rubin Salter, Jr., Tucson, for plaintiffs/appellants.

DeConcini, McDonald, Brammer Yetwin & Lacy, P.C. by John R. McDonald and Richard L. Barnes, Tucson, for defendants/appellees.

OPINION

BIRDSALL, Judge.

This is an appeal from an order granting appellees' motion to dismiss appellants' complaint. Counts One and Two of the complaint were dismissed for failure to state a claim for relief. A third count was dismissed for failure to join an indispensable party and the dismissal of that count is not an issue on appeal since appellants conceded its merit in the trial court.

We will assume the truth of all facts which are stated in...

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