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SALVATIERRA v. NATIONAL INDEM. CO.

No. 2 CA-CIV 4211.

133 Ariz. 16 (1982)

648 P.2d 131

Francisco Mendoza SALVATIERRA; Servando Gonzales Garcia; Tim Rollins; Walter J. Warren; Amedo R. Pino; Salvador Carrascotoriz; Fernando Esquer; Francisco Azcona Astiazaran; Otto Binder; Kenneth F. Wagner and Barbara Wagner, husband and wife; George T. Gregory, Jr., and Nina M. Gregory, husband and wife; James L. Stonebreaker and Janice Stonebreaker, husband and wife; and Granger L. Vinall, Plaintiffs/Appellees, v. NATIONAL INDEMNITY COMPANY, for itself and acting for The Esquire for Men, Inc., a corporation, Esquire Labs of Arizona, Inc., a corporation, Sol Behar and Elaine Behar, husband and wife, and Sol Behar and Elaine Behar dba "The Esquire for Men", Defendants/Appellants, and National Indemnity Company, for itself and acting for Daniel Singer and Paula Singer, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 15, 1982.

Review Denied July 7, 1982.

Attorney(s) appearing for the Case

Donald Estes, Tucson, for plaintiffs/appellees Salvatierra, Garcia, Rollins, Warren, Pino and Carrasco-Toriz.

Haralson, Kinerk & Morey, P.C. by Dale Haralson, Tucson, for plaintiffs/appellees Wagner, Gregory and Stonebreaker.

Richard D. Burris, Tucson, for plaintiffs/appellees Esquer, Astiazaran, Binder and Vinall.

Renaud, Cook & Videan, P.A. by J. Gordon Cook, Phoenix, for defendant/appellant Nat. Indem. Co.

D'Antonio & D'Antonio, P.C. by Gregory D. D'Antonio, Tucson, for defendants/appellants The Esquire For Men, Inc., Esquire Labs of Arizona, Inc., Behar and Singer.

Fish, Briney, Duffield, Miller, Young & Adamson, P.C. by Arthur H. Miller, Tucson, for defendant/appellant Nat. Indem. Co. for itself and acting for The Esquire For Men, Inc., Esquire Labs of Arizona, Inc., Behar, and Behar dba The Esquire For Men, Inc.

OPINION

HOWARD, Chief Judge.

The determinative issue here is whether the trial court erred in not allowing National Indemnity Company to intervene in the lawsuit filed by appellees against its insured.

Sol Behar and Daniel Singer operated a barbershop, The Esquire for Men, Inc. They were also the sole stockholders of a separate corporation, Esquire Labs of Arizona, Inc., that was in the business of performing artificial hair transplants. The two businesses...

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