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COLONIAL TRI-CITY v. BEN FRANKLIN STORES

Nos. 1 CA-CV 91-108, 1 CA-CV 92-006.

179 Ariz. 428 (1993)

880 P.2d 648

COLONIAL TRI-CITY LIMITED PARTNERSHIP, an Arizona partnership, Plaintiff-Appellee, v. BEN FRANKLIN STORES, INC., a Delaware corporation, Defendant-Appellant.

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

Review Denied September 20, 1994.

Attorney(s) appearing for the Case

Murphy & Associates by Joseph A. Herbert and Michael L. Murphy, Phoenix, for plaintiff-appellee.

Broening, Osberg & Woods by Terrence P. Woods, Donald Wilson, Jr., Kenneth C. Miller and Neal B. Thomas, Phoenix, for defendant-appellant.

OPINION

MICHAEL J. O'MELIA, Judge*.

This case requires us to decide whether a plaintiff may use the summary proceeding for recovery of possession of leased premises, Ariz. Rev. Stat. Ann. ("A.R.S.") section 33-361 (1990), to litigate whether, in the first instance, the parties have created a landlord and tenant relationship. We hold that plaintiff was not entitled to use the section 33...

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