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ELOY INDUS. ENGINES v. R.B. ENTERPRISES

No. 2 CA-CV 88-0156.

158 Ariz. 545 (1988)

764 P.2d 30

ELOY INDUSTRIAL ENGINES, Richard Damron and Mary Jane Damron, his wife; Clyde Gobea and Dora Gobea, his wife, Plaintiffs/Counterdefendants/Appellants, v. R.B. ENTERPRISES, Rob Zeidler, Defendants/Counterclaimants/Appellees.

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

Review Denied November 22, 1988.

Attorney(s) appearing for the Case

Richard La Paglia, Eloy, for plaintiffs/counter/defendants/appellants.

Minkler & Kirschbaum by Joel R. Kirschbaum, Phoenix, for defendants/counterclaimants/appellees.

Gordon, C.J., of the Supreme Court, did not participate in the determination of this matter.

OPINION

HOWARD, Presiding Judge.

In this case we are presented with a question which was left unanswered in Ace Automotive Products, Inc. v. Van Duyne, 156 Ariz. 140, 750 P.2d 898 (App. 1987). The question is this: when a person fails to timely file a list of witnesses and exhibits...

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