O'BRIEN v. Scottsdale Discount Corporation

KRUCKER, Chief Judge.

This appeal is from the granting of a summary judgment by the trial court in favor of the appellees (defendants below) on appellees’ motion. The parties will hereinafter be referred to as they appeared below; that is, plaintiff and defendants. 1 The basis upon which the trial court ruled was that it found that the complaint filed in the instant case was a cause of action which should have been presented by a counterclaim in an earlier proceeding, filed in 1966 in Maricopa County by the defendants against the plaintiff, and was therefore barred as res judicata as a…