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SMITH PLUMBING CO. v. AETNA CAS. & SUR. CO.

No. 2 CA-CIV 5072.

149 Ariz. 545 (1984)

720 P.2d 520

SMITH PLUMBING COMPANY, INC., an Arizona corporation, dba White Mountain Supply Company, Plaintiff/Appellant, v. AETNA CASUALTY & SURETY COMPANY, a Connecticut corporation, Defendant/Appellee, White Mountain Apache Tribe, dba Apache Development Enterprise, Defendant/Intervenor/Appellee.

Court of Appeals of Arizona, Division 2.

July 17, 1984.

Attorney(s) appearing for the Case

Killian, Legg, Nicholas & Fischer by Charles W. Wirken, Mesa, for plaintiff/appellant.

Robert C. Brauchli, Whiteriver, for defendant/appellee and defendant/intervenor/appellee.

BIRDSALL, Chief Judge.

This appeal was taken from the order of the superior court dismissing appellant's complaint. A brief recitation of the facts underlying the action follows.

In 1963, the Tribal Council of the White Mountain Apache Tribe (Tribe) created the White Mountain Apache Housing Authority (Authority) for the purpose of receiving financial assistance from the federal government for the construction of low income housing. In 1968, the Tribe created...

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