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DVM CO. v. STAG TOBACCONIST, LTD.

No. 16604-PR.

137 Ariz. 465 (1983)

671 P.2d 907

DVM CO., a joint venture, Plaintiff-Appellant/Cross-Appellee, v. STAG TOBACCONIST, LTD., an Arizona corporation, Defendant-Appellee/Cross-Appellant.

Supreme Court of Arizona, In Banc.

Reconsideration Denied November 8, 1983.

Attorney(s) appearing for the Case

Murphy & Posner by K. Bellamy Brown, Phoenix, for plaintiff-appellant cross-appellee.

Daughton, Feinstein & Wilson by Allen L. Feinstein, Jeffrey S. Leonard, Phoenix, for defendant-appellee cross-appellant.

GORDON, Vice Chief Justice:

In October, 1976 Stag Tobacconist, Ltd. (Stag) and DVM, Co. (DVM) entered into a commercial lease agreement pursuant to which Stag rented retail office space from DVM. The parties' lease provided that if either party instituted "any action or proceeding against the other relating to the provisions of this Lease * * * the prevailing party in such action or proceeding shall be entitled to recover from the other party its reasonable costs...

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