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ULAN v. KAY

No. 2 CA-CIV 396.

5 Ariz. App. 395 (1967)

427 P.2d 376

Leon ULAN and Sylvia Ulan, husband and wife, Appellants, v. Milford KAY and Edna T. Kay, husband and wife, Sidney Katz and Shirley Katz, husband and wife, and Ferdinand Reese and Dorothy Reese, husband and wife, Appellees.

Court of Appeals of Arizona.

April 28, 1967.

Attorney(s) appearing for the Case

William Messing, Tucson, for appellants.

Johnson, Darrow, D'Antonio, Hayes & Morales, Tucson, for appellees Kay.

Silver, Silver, Ettinger & Karp, Tucson, for appellees Katz and Reese.

PER CURIAM.

The appellants were named as defendants in a suit commenced in superior court, Pima County, to recover damages for fraud. They subsequently filed a third-party complaint against the appellees. The appellees filed their respective motions for summary judgment on the ground that the claim set forth in the third-party complaint was res judicata. The motions were granted and on December 27, 1966, judgment was entered in favor of appellees Kay, and on January...

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