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MARK LIGHTING FIXTURE v. GEN. ELEC. SUP.

1 CA-CIV 8008.

155 Ariz. 65 (1986)

745 P.2d 123

MARK LIGHTING FIXTURE COMPANY, INC., a New Jersey corporation, Plaintiff-Appellant, v. GENERAL ELECTRIC SUPPLY COMPANY, A DIVISION OF GENERAL ELECTRIC COMPANY, a New York Corporation, Defendant-Third Party Complainant-Appellee, and Tri-Valley Electric, Inc., an Arizona corporation, Third Party Defendant-Appellee.

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

August 19, 1986.

Attorney(s) appearing for the Case

Beus, Gilbert, Wake & Morrill by Leo R. Beus, Keith S. Knochel, Phoenix, for plaintiff-appellant.

John B. Marron, Phoenix, for defendant-third party complainant-appellee Gen. Elect. Co.

Johnston & Grynkewich by Gary S. Grynkewich, Tucson, for third party defendant-appellee Tri-Valley Elec., Inc.

OPINION

CONTRERAS, Judge.

The central issue in this appeal is whether costs pursuant to A.R.S. § 12-341 and attorney's fees pursuant to A.R.S. § 12-341.01 may be awarded to defendants-appellees where the plaintiff-appellant's action has been dismissed without prejudice for failure to prosecute and the merits of appellant's claim may be decided in a subsequently filed action. We determine that attorney's...

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