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MARCUS v. FOX

No. 2 CA-CV 87-0097.

155 Ariz. 524 (1987)

747 P.2d 1223

Eric H. MARCUS and Irene M. Marcus, husband and wife, Plaintiffs/Appellees, v. Lillian L. FOX, a single woman, and Robert A. Gold, a single man, Defendants/Appellants.

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

Review Denied January 12, 1988.

Attorney(s) appearing for the Case

DeConcini, McDonald, Brammer, Yetwin, Lacy, & Zimmerman, P.C. by David C. Anson and Michael R. Urman, Tucson, for plaintiffs/appellees.

Miller & Pitt, P.C. by John A. Baade, Tucson, for defendants/appellants.

OPINION

ROLL, Judge.

Lillian L. Fox and Robert A. Gold (Fox) appeal from the trial court's order awarding $40,000 attorneys' fees to counsel for Eric H. Marcus and Irene M. Marcus (Marcus).

The issue presented is whether A.R.S. § 12-341.01(B), limits recovery of attorneys' fees by a prevailing party in an action arising out of contract to that amount specified in a contingency agreement between the prevailing parties and their counsel. We hold...

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