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HATTON v. GREENBERG

No. 1 CA-CIV 607.

9 Ariz. App. 327 (1969)

451 P.2d 905

W.B. HATTON and Mary L. Hatton, his wife, Appellants, v. Harry W. GREENBERG, a widower, and Harry W. Greenberg, as Executor of the Estate of Dorothy B. Greenberg, Deceased, an undivided one-half interest; and L/H Enterprises, Inc., a Pennsylvania corporation, an undivided one-half interest, Appellees.

Court of Appeals of Arizona.

Rehearing Denied May 7, 1969.

Review Denied June 10, 1969.

Rehearing Denied May 7, 1969.

Attorney(s) appearing for the Case

Tanner, Jarvis & Owens, by Robert F. Owens, Phoenix, for appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Wilbert G. Anderson and David L. Haga, Phoenix, for appellees.

Rehearing Denied May 7, 1969. See 9 Ariz.App. 508, 454 P.2d 178.

CAMERON, Judge.

This is an appeal from a denial of a motion by the defendants, the Hattons, to file an amended answer setting up the defense of usury and from the granting of a motion for summary judgment to the plaintiffs Greenberg, et al.

We are called upon to determine whether the holder of a second mortgage...

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