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SCHWAB v. MATLEY

No. 2 CA-CV 88-0044.

162 Ariz. 46 (1988)

780 P.2d 1387

Lloyd SCHWAB and Cindy Schwab, husband and wife, Plaintiffs/Appellants, v. Therese MATLEY, an unmarried woman, Defendant/Appellee.

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

Opinion of March 10, 1988 Vacated On Motion for Reconsideration May 10, 1988.

Review Granted October 18, 1988.

Attorney(s) appearing for the Case

Law Offices of Douglas C. Fitzpatrick by Douglas C. Fitzpatrick, Sedona, for plaintiffs/appellants.

Jones, Skelton & Hochuli by Don C. Stevens, II, Phoenix, for defendant/appellee.

OPINION

HOWARD, Presiding Judge.

This is an appeal from a motion to dismiss in a personal injury action involving a shooting that took place in a tavern in Yavapai County. Appellants allege that appellee, the owner of the tavern, was negligent in serving two intoxicated persons and allowing them to remain on the premises. The two persons in question were appellant Lloyd Schwab and his assailant, Earl Barnabee.

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