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HATTON v. GREENBERG

No. 1 CA-CIV 607.

9 Ariz. App. 508 (1969)

454 P.2d 178

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.

Review Denied June 10, 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.

CAMERON, Judge.

In an opinion filed 18 March 1969 (9 Ariz.App. 327, 451 P.2d 905 [1969]), this Court reversed the judgment of the trial court which had granted the plaintiffs' motion for summary judgment in a mortgage foreclosure action. In that opinion we assumed as a fact that the Hattons had subordinated their mortgage to a mortgage given by the Contini group to the plaintiffs, Greenberg...

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