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DUHAMMEL v. STAR

No. 1 CA-CIV 5347.

133 Ariz. 558 (1982)

653 P.2d 15

Dallas DUHAMMEL, Sr., a single man, for himself and as next friend of his daughter, Debra Duhammel, a minor; Dallas Duhammel, Jr., a single man, Plaintiffs-Counter-defendants-Appellees, v. Thomas STAR, in his official capacity and individually, and Joan Star, his wife, Defendants-Counter-claimants-Appellants.

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

Rehearing Denied April 29, 1982.

Review Denied October 27, 1982.

Attorney(s) appearing for the Case

William F. Hyder, P.C. by William F. Hyder, Sid A. Horwitz, Phoenix, for appellees.

McGroder and Tryon by G. Michael Tryon, David M. Heller, Phoenix, for appellants.

OPINION

CORCORAN, Judge.

The question raised in this appeal is whether the filing of a complaint tolls the statute of limitations regarding a counterclaim that is brought after the applicable time period has expired. A brief factual and procedural history of this appeal is as follows:

On July 18, 1978, appellees were having a birthday party at their residence in Scottsdale, Arizona. Sometime that day appellant Thomas Star, a Scottsdale police officer...

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