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KOEPNICK v. SEARS ROEBUCK & CO.

No. 1 CA-CIV 9147.

158 Ariz. 322 (1988)

762 P.2d 609

Max KOEPNICK, Plaintiff-Appellant, Cross-Appellee, v. SEARS ROEBUCK & COMPANY, Defendant-Appellee, Cross-Appellant.

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

Review Denied November 1, 1988.

Attorney(s) appearing for the Case

William J. Monahan, P.C. by William J. Monahan, Thomas J. Quarelli, Paul G. Ulrich, P.C. by Paul G. Ulrich, Phoenix, for plaintiff-appellant, cross-appellee.

Gust, Rosenfeld, Divelbess & Henderson by Fred Cole, Roger W. Perry, Phoenix, for defendant-appellee, cross-appellant.

OPINION

FROEB, Presiding Judge.

There are two primary issues raised on appeal and one primary issue raised on cross-appeal. The issues presented on appeal are: (1) whether the trial court erred in granting Sears Roebuck and Company's (Sears) motion for new trial on Max Koepnick's (Koepnick) false arrest claim; and (2) whether the trial court erred in granting Sears' motion for judgment notwithstanding the verdict (judgment n.o.v.) on Koepnick's trespass to...

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