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McKINLEY v. BETHEL

No. 2 CA-CIV 5105.

147 Ariz. 72 (1985)

708 P.2d 753

Georgia McKINLEY and Fred McKinley, wife and husband, Plaintiffs/Appellants, v. Lester Peck BETHEL, individually and dba Willcox Texaco; and Floyd Bethel, individually and dba Willcox Texaco and/or Walker Development Co., Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Rehearing Denied May 2, 1985.

Review Denied October 1, 1985.

Attorney(s) appearing for the Case

Haralson, Kinerk & Morey, P.C. by Carter Morey and Denneen L. Peterson, Tucson, for plaintiffs/appellants.

Holloway & Thomas, P.C. by Benjamin C. Thomas and Joseph C. Dolan, Phoenix, for defendants/appellees.

OPINION

LACAGNINA, Judge.

This case involves the application of Rule 15(c), Rules of Civil Procedure, 16 A.R.S., and its function of relating back an amended complaint filed after the running of the statute of limitations to the date of the filing of the original complaint. It also involves the application of Rule 6(f), Rules of Civil Procedure, 16 A.R.S., regarding the service of a summons and complaint within one year after filing of the complaint.

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