Legal Opinion

Oracle School District No. 2 v. Mammoth High School District No. 88

Court of Appeals of Arizona

Decided June 29, 1981No. 2 CA-CIV 3816PublishedCited by 10 opinions

1Opinion of the Court

OPINION

BIRDSALL, Judge.

This is an appeal from an order granting appellees’ motion to dismiss appellants’ complaint. Counts One and Two of the complaint were dismissed for failure to state a claim for relief. A third count was dismissed for failure to join an indispensable party and the dismissal of that count is not an issue on appeal since appellants conceded its merit in the trial court.

We will assume the truth of all facts which are stated in the complaint. A motion to dismiss for failure to state a claim for relief should not be granted unless it appears that a plaintiff will not be…

2Cases cited6 opinions

  1. School Dist. No. 69 of Maricopa County v. AltherrCourt of Appeals of Arizona · 1969
  2. Guerrero v. Copper Queen HospitalArizona Supreme Court · 1975
  3. Mish v. Tempe School District No. 3Court of Appeals of Arizona · 1980
  4. Olmsted & Gillelen v. HeslaArizona Supreme Court · 1922
  5. Hermance v. Public School District No. 2Arizona Supreme Court · 1919

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. J.W. Hancock Enterprises, Inc. v. Arizona State Registrar of ContractorsCourt of Appeals of Arizona · 1984
  2. Western Corrections Group, Inc. v. TierneyCourt of Appeals of Arizona · 2004
  3. Bischofshausen v. Pinal-Gila Counties Air Quality Control DistrictCourt of Appeals of Arizona · 1983
  4. Canon School Dist. 50 v. Wes Const.Court of Appeals of Arizona · 1992
  5. Berry v. FosterCourt of Appeals of Arizona · 1994

5 more not listed; retrieve them via the Exa API.

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