O'KEEFE v. GRENKE

No. 1 CA-CV 89-378.

170 Ariz. 460 (1992)

825 P.2d 985

Michael J. O'KEEFE and Theresa O'Keefe, Plaintiffs-Appellants, Cross Appellees, v. Gary GRENKE and Jean Grenke, husband and wife; Brian Winstanley and Lori Winstanley, husband and wife; Interpleaders-Appellees, Cross Appellants.

Court of Appeals of Arizona, Division 1, Department B.

January 30, 1992.


Attorney(s) appearing for the Case

Dioguardi, Poli & Ball, Ltd. by Michael N. Poli and Michael K. Pazdernik, Phoenix, for plaintiffs-appellants/cross appellees.

Law Offices of David W. Eagle by David W. Eagle, Phoenix, for interpleaders-appellees/cross appellants.


OPINION

JACOBSON, Judge.

The primary issue on appeal is whether the trial court erroneously dismissed plaintiffs' amended claim against the interpleaders for a violation of the Arizona Bulk Sales Transfer Act, A.R.S. § 47-6101 et seq., (bulk sales act), based on the court's conclusion that the statute of limitations imposed by the act had run. The cross-appeal raises issues whether defending against a violation of the bulk sales act is an action...

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