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GAMEZ v. BRUSH WELLMAN, INC.

No. 2 CA-CV 99-0208.

34 P.3d 375 (2001)

201 Ariz. 266

Rudy GAMEZ and Alice Gamez, husband and wife, Plaintiffs/Appellants, v. BRUSH WELLMAN, INC., Defendant/Appellee.

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

Redesignated as Opinion November 14, 2001.

Attorney(s) appearing for the Case

Baron & Budd, P.C., By Frederick M. Baron, Steve Baughman Jensen, and Alicia D. Butler, Dallas, TX, Dickerson, Butler & Rodriguez, P.C., By J. Patrick Butler, Tucson, James Heckbert, Steamboat Springs, CO, for Plaintiffs/Appellants.

Rusing and Lopez, P.L.L.C., By Michael J. Rusing and Cynthia T. Kuhn, Tucson, Jones Day Reavis & Pogue, By Jeffrey D. Ubersax, Cleveland, OH, Downey & Knickrehm, By Thomas E. Downey, Jr., Denver, CO, for Defendant/Appellee.

OPINION

FLÓREZ, J.

¶ 1 Appellants Rudy and Alice Gamez challenge the trial court's grant of summary judgment in favor of appellee Brush Wellman, Inc., Rudy's former employer. The Gamezes argue that the trial court erred in rejecting their claims for wilful misconduct, breach of contract, and bad faith stemming from Rudy's employment-related exposure to beryllium. They also challenge the trial court's award of sanctions against them for refusing...

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