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MARSTON'S INC. v. ROMAN CATHOLIC CHURCH, ETC.

No. 15339.

132 Ariz. 90 (1982)

644 P.2d 244

MARSTON'S INC., an Arizona corporation, Appellee, Cross-Appellant, v. The ROMAN CATHOLIC CHURCH OF PHOENIX, an Arizona corporation sole and on behalf of their Agency Gerard High School, Appellant, Cross-Appellee.

Supreme Court of Arizona, In Division.

April 22, 1982.

Attorney(s) appearing for the Case

Theodore Matz, Phoenix, for appellee/cross-appellant.

Mahoney & Rood by John W. Rood, Stephen M.R. Rempe, Phoenix, for appellant/cross-appellee.

CAMERON, Justice.

This is an appeal by both parties from a judgment of the trial court sitting without a jury in a case involving the installation by the plaintiff, Marston's Inc., of a floor covering on the Gerard High School gymnasium. Gerard High School is operated by the defendant, Roman Catholic Church of Phoenix. We have jurisdiction of the appeal by transfer from the Court of Appeals pursuant to Rule 19(e), Arizona Rules of Civil Appellate Procedure, 17A A...

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