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MINING INVESTMENT GROUP, LLC v. ROBERTS

No. 1 CA-CV 06-0684.

177 P.3d 1207 (2008)

MINING INVESTMENT GROUP, LLC, Plaintiff/Counter-Defendant/Appellant/Cross-Appellee, v. Billy V. ROBERTS and Sandra J. Roberts, husband and wife, Defendants/Counter-Plaintiffs/Appellees/Cross-Appellants.

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

March 11, 2008.

Attorney(s) appearing for the Case

Vakula Kottke, PLC by Alex B. Vakula, and Jennifer B. Campbell, Marguerite Kirk, Prescott, Attorneys for Plaintiff/Counter-Defendant/Appellant-Cross-Appellee.

Tevis Reich, Attorney at Law by Tevis Reich, Flagstaff, Attorneys for Defendants/Counter-Plaintiffs/Appellees/Cross-Appellants.

Mack & Associates PC by Richard V. Mack, and Paula M. DeMore, Phoenix, and K. Michelle Lind, General Counsel for the Arizona Association of Realtors, Phoenix, Attorneys for Amicus Curiae Arizona Association or Realtors.

OPINION

OROZCO, Judge.

¶ 1 Mining Investment Group, LLC, (Buyer) appeals from partial summary judgment finding that Buyer's failure to fund escrow on the closing date of a real estate purchase agreement with Billy and Sandra Roberts (Sellers) constituted a material breach of contract. Buyer also appeals the trial court's award of liquidated damages to Sellers. Sellers cross-appeal the trial court's denial...

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