Biddle v. Mountain States Telephone and Telegraph Company

629 F.2d 571 James B. BIDDLE and wife, Jo Ann Biddle; Vernon R. Shetler and wife, Rickey Shetler, Appellants, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a corporation authorized to do business in the State of Arizona, Appellee. No. 78-2128. United States Court of Appeals, Ninth Circuit. July 14, 1980. 1 Brooks T. Hozier, Guttilla & Hozier, P. C., Phoenix, Ariz., for appellants. 2 George T. Cole, Phoenix, Ariz., argued, Nancy L. Rowen, Atty., Phoenix, Ariz., on brief, for appellee. 3 Appeal from the United States District Court for the District of Arizona. 4 Before KENNEDY and NELSON, Circuit Judges, and STEPHENS, * District Judge. 5 STEPHENS, Senior District Judge. 6 Plaintiffs, James B. Biddle, Jo Ann Biddle, Vernon R. Shetler and Rickey Shetler, appeal from the entry of summary judgment in favor of defendant, The Mountain States Telephone and Telegraph Company (Mountain Bell), in this breach of contract action. 7 Summary judgment was granted on grounds that the action was barred by A.R.S. § 12-543, which provides a three year statute of limitations for debt evidenced by an oral contract. This action was filed three years and ten months after the cause of…