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LANE v. ELCO INDUSTRIES, INC.

No. 1 CA-CIV 5435.

134 Ariz. 361 (1982)

656 P.2d 650

Paul LANE and Elfrieda Lane, husband and wife, Plaintiffs-Appellants, v. ELCO INDUSTRIES, INC., an Illinois corporation, Defendant-Appellee.

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

December 16, 1982.

Attorney(s) appearing for the Case

Langerman, Begam, Lewis & Marks by Elliot G. Wolfe, Frank Lewis, Phoenix, for plaintiffs-appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Steven D. Smith, Scott A. Salmon, Phoenix, for defendant-appellee.

OPINION

FROEB, Judge.

In this case we review the practice of naming "fictitious" defendants under rule 10(f), Rules of Civil Procedure, and the extent to which rule 10(f) is interrelated with rule 15 regarding the amendment of pleadings. The appeal is from an order dismissing the product liability complaint filed by appellants Paul and Elfrieda Lane (the Lanes) against appellee Elco Industries, Inc. (Elco) on the ground that the claim was barred by the statute...

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