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FRANZI v. KOEDYKER

No. 2 CA-CIV 5374.

157 Ariz. 401 (1985)

758 P.2d 1303

Emil FRANZI, a married man, Plaintiff/Appellant, v. Donald KOEDYKER and Jane Doe Koedyker, husband and wife; Koedyker Construction Company, Inc., an Arizona corporation; Andrew Kelly and Patricia Kelly, husband and wife; Kevin Oberg and Nancy Oberg, husband and wife; Cienega Ltd., an Arizona corporation; Cienega Properties, Inc., an Arizona corporation and Cienega Corporation Company, an Arizona corporation, Defendants/Appellees.

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

December 13, 1985.

Attorney(s) appearing for the Case

Law Offices of William J. Risner by Kenneth K. Graham, Tucson, for plaintiff/appellant.

Stompoly & Even, P.C. by Leslie J. Cohen and William G. Walker, Tucson, for defendants/appellees.

Waterfall, Economidis, Hanshaw & Villamana, P.C. by James W. Stuehringer and Sandra Tedlock, Tucson, for defendants/appellees Kelly, Oberg, and Cienega.

OPINION

BIRDSALL, Presiding Judge.

This appeal is from a dismissal of the plaintiff/appellant's complaint pursuant to Rule 12(b)(6), Rules of Civil Procedure, 16 A.R.S., for failure to state a claim upon which relief can be granted. The motion to dismiss was made by the defendants/appellees Kelly, Oberg, and Cienega, who alleged failure to state a claim as an affirmative defense in their answer to the complaint. The defendant/appellee Koedyker, who had not...

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