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ALTHERR v. WILSHIRE MORTGAGE CORPORATION

No. 1 CA-CIV 363.

7 Ariz. App. 438 (1968)

440 P.2d 319

Robert K. ALTHERR and Pauline Lawanda Altherr, Appellants, v. WILSHIRE MORTGAGE CORPORATION, Appellee.

Court of Appeals of Arizona.

Review Granted July 2, 1968.

Attorney(s) appearing for the Case

Leibsohn & Goldstein, by Philip T. Goldstein, Phoenix, for appellants.

Hughes, Hughes & Conlan, by Coit I. Hughes, Carson, Messinger, Elliott, Laughlin & Ragan, by Larry Laughlin, Phoenix, for appellee.

Gust, Rosenfeld & Divelbess, by Devens Gust, Kramer, Roche, Burch, Streich & Cracchiolo, by Marriner Cardon, Ryley, Carlock & Ralston, by Sam Applewhite III, Evans, Kitchel & Jenckes, by Edward C. LeBeau, Murphy, Posner & Franks, by John A. Murphy, Burns, Ferrin & Ehrenreich, by F. Britton Burns, Phoenix, amicus curiae.

CAMERON, Chief Judge.

This is a motion for rehearing. We decided this case on 13 December 1967 and the opinion was published in 6 Ariz.App. 576, 435 P.2d 83. In that opinion we reversed the decision of the trial court and remanded with directions that the trial court determine the validity of the tender and the amount of defendant's counterclaim for interest and grant judgment thereon. Appellant...

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