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MIDAS MUFFLER SHOP v. ELLISON

No. 1 CA-CIV 5343.

133 Ariz. 194 (1982)

650 P.2d 496

MIDAS MUFFLER SHOP, Plaintiff-Appellee, v. Leo ELLISON and Phyllis Ellison, husband and wife, Defendants-Appellants. Leo ELLISON and Phyllis Ellison, Counterclaimants-Appellants, v. Joseph MECEY and Jane Doe Mecey, husband and wife, dba Midas Muffler Shop, Counterdefendants-Appellees. Leo ELLISON and Phyllis Ellison, husband and wife, Third Party Plaintiffs-Appellants, v. Donald P. KOEPP and Jane Doe Koepp, husband and wife, dba Kiva Collections; and Merchants Mutual Bonding Company, an Iowa corporation, Third Party Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

August 10, 1982.

Attorney(s) appearing for the Case

Hill & Savoy by John E. Savoy, Phoenix, for Meceys, dba Midas Muffler.

Law Offices of Michael E. St. George, P.C. by Michael E. St. George, Tempe, for defendants-appellants.

Foley, Clark & Nye, P.A. by Richard Q. Nye, Frank P. Willey, Phoenix, for Koepps, Kiva Collection.

OPINION

BROOKS, Judge.

The decisive question on this appeal is whether certain conduct by a collection agency and the emotional distress resulting therefrom is sufficient to impose liability in an action for intentional infliction of emotional distress. The facts are as follows.

In December of 1976, Leo and Phyllis Ellison had a muffler installed on their pickup truck at a Midas Muffler Shop. The bill was $178.50 and a check for that amount was issued...

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