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BRYANT v. CONTINENTAL CONVEYOR EQUIP. CO.

No. CV-86-0525-CQ.

156 Ariz. 193 (1988)

751 P.2d 509

Kenneth E. BRYANT, Jr., a single man, Plaintiff, v. CONTINENTAL CONVEYOR & EQUIPMENT CO., INC., a foreign corporation, and Lummus Industries, Inc., a foreign corporation, Defendants.

Supreme Court of Arizona, In Banc.

Reconsideration Denied April 5, 1988.

Attorney(s) appearing for the Case

Haralson, Kinerk & Morey, P.C. by Carter Morey, Denneen L. Peterson, and Timothy J. Cranshaw, Tucson, for plaintiff.

Chandler, Tullar, Udall & Redhair by Keith W. Kroese, Tucson, for defendant, Continental Conveyor and Equipment Co., Inc.

Teilborg, Sanders & Parks, P.C. by David J. Damron and Kevin L. Beckwith, Tucson, for defendant, Lummus Industries, Inc.

Arizona Trial Lawyers Ass'n, Langerman, Begam, Lewis and Marks by Amy G. Langerman, Phoenix, amicus curiae.

Phoenix Ass'n of Defense Counsel, Gallagher & Kennedy by W. Charles Thomson III and Judith A. Morse, Phoenix, amicus curiae.

CAMERON, Justice.

I. JURISDICTION

Judge Richard M. Bilby of the United States District Court for the District of Arizona has certified a question of law to this court pursuant to A.R.S. § 12-1861 and Ariz.R.S.Ct. 27, 17A A.R.S.

II. QUESTION

The question of law certified to this court is:

1. Whether the twelve year Statute of Repose Limitations portion of A.R.S. § 12-551 is unconstitutional under Article 18, § 6 and the...

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