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WRIGHT v. HILLS

No. 2 CA-CV 88-0342.

161 Ariz. 583 (1989)

780 P.2d 416

Jack J. WRIGHT, a single man, Plaintiff/Appellant, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Appellant, v. Allen Wayne HILLS and Carole Elaine Hills, husband and wife; Alma School Land Fill, Inc., an Arizona corporation; Andrew S. Jackson; and Joseph Urban and Joan C. Urban, husband and wife, Defendants/Appellees.

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

Review Denied October 11, 1989.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Larry L. Smith, M.E. Rake, Jr. and Ted A. Schmidt, Phoenix, for appellants.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Leslie A. Kresin, Phoenix, for defendants/appellees Hills.

Sacks, Tierney, Kasen & Kerrick, P.A. by Robert J. DuComb, Jr. and David L. Keily, Phoenix, for defendants/appellees Alma School Land Fill, Inc., Urban and Jackson.

OPINION

HOWARD, Judge.

This is an appeal from the granting of a summary judgment. The main issue in this case is whether a party can avoid summary judgment by filing an affidavit which contradicts his previous depositional testimony. A secondary issue is whether the trial court erred in imposing sanctions under Rule 11(a), Rules of Civil Procedure, 16 A.R.S., against the appellant and his attorneys.

FACTS

Jack Wright filed a complaint against...

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