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SCHADE v. DIETHRICH

No. CV-87-0072-PR.

158 Ariz. 1 (1988)

760 P.2d 1050

Dewey D. SCHADE, Plaintiff/Counter-Defendant/Appellee, v. Edward DIETHRICH, M.D., AHI Cardiovascular Surgeons, Ltd., a professional corporation, Defendants/Counter-Claimants/Appellants.

Supreme Court of Arizona, En Banc.

Motion for Reconsideration Granted and Opinion Modified September 20, 1988.

Attorney(s) appearing for the Case

Ely, Bettini & Ulman by Herbert L. Ely, J. Wayne Turley, Eileen S. Willett, Phoenix, for plaintiff/counter-defendant/appellee.

Goldstein, Kingsley & Myres, Ltd. by Philip T. Goldstein, Pamela L. Kingsley, Phoenix, for defendants/counter-claimants/appellants.

FELDMAN, Vice Chief Justice.

Edward B. Diethrich, M.D. seeks review of a court of appeals' decision that his promise to develop an "equitable and fair separation agreement" for employee Dewey D. Schade was enforceable on the basis of promissory estoppel. Schade v. Diethrich, No. 1 CA-CIV 8478 (Ariz. Ct. App. Jan. 15, 1987). We granted review to consider the following issues:

1. Whether Diethrich's promise was enforceable and on what theory;

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