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LOHSE v. FAULTNER

No. 1 CA-CV 89-476.

176 Ariz. 253 (1992)

860 P.2d 1306

William LOHSE, Robert Richardson and Marianne Richardson, husband and wife, John Cassels, Jean Harvey, Barry Miller and Paula Miller, husband and wife, David Smith and Barbara Smith, his wife, Ardis C. Cassels, and Omer Winfield P. O'Neill, Plaintiffs-Appellants, v. Eddie L. FAULTNER and Dolores Faultner, husband and wife, Southwest Forest Industries, Inc., a corporation, Defendants-Appellees.

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

Reconsideration Denied February 5, 1993.

Review Denied November 4, 1993.

Attorney(s) appearing for the Case

James P. Cunningham, P.C. by James P. Cunningham, Phoenix, for plaintiffs-appellants.

Aspey, Watkins & Diesel by Donald H. Bayles, Jr., Mark C. Brachtl, Flagstaff, for defendants-appellees Faultner.

Mangum, Wall, Stoops & Warden by Robert W. Warden, Charles H. Apt III, Flagstaff, for defendants-appellees Southwest Forest.

OPINION

FIDEL, Chief Judge.

This case arises from a forest fire that originated in the Kaibab National Forest and spread to adjoining land. Plaintiffs are neighboring landowners whose property was damaged or destroyed by the fire. Plaintiffs seek damages, claiming that defendants negligently failed to conduct a fire patrol after logging in the forest and thereby permitted an otherwise detectable and suppressible fire to spread out of control.

On appeal...

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