Legal Opinion

Payne v. Pennzoil Corp.

Court of Appeals of Arizona

Decided June 6, 1983No. 2 CA-CIV 4670PublishedCited by 21 opinions

1Opinion of the Court

OPINION

BIRDSALL, Judge.

The trial court granted the appellees’ motion to dismiss Count One of the appellants’ complaint as to the appellees C.O. Gracey, Jessie Romero and J.W. Fort-son and Count Three which was directed only against the appellees Pennzoil Corporation and Duval Corporation. The motion to dismiss was based on lack of subject matter jurisdiction and failure to state a claim. Rule 12(b), Arizona Rules of Civil Procedure, 16 A.R.S. The appellees filed two affidavits in support of their motion. No objection appears to have been made, and the court did not exclude the affidavits, but…

2Cases cited20 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  3. Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
  4. Republic Steel Corp. v. MaddoxSupreme Court of the United States · 1965
  5. Clayton v. International Union, United Automobile, Aerospace, & Agricultural Implement WorkersSupreme Court of the United States · 1981

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

3Cited by21 opinions

  1. Mintz v. Bell Atlantic Systems Leasing International, Inc.Court of Appeals of Arizona · 1995
  2. Dusold v. Porta-John Corp.Court of Appeals of Arizona · 1990
  3. Ostrander v. Farm Bureau Mutual Insurance Co. of Idaho, Inc.Idaho Supreme Court · 1993
  4. Spratt v. Northern Automotive Corp.District Court, D. Arizona · 1996
  5. Brinkman v. StateMontana Supreme Court · 1986

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