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WESTERN SAVINGS AND LOAN ASS'N v. ROBINSON

No. 1 CA-CIV 1272.

14 Ariz. App. 393 (1971)

483 P.2d 806

WESTERN SAVINGS AND LOAN ASSOCIATION, an Arizona corporation, Appellant and Cross-Appellee, v. Ella ROBINSON, Individually and as Executrix of the Estate of Doran Robinson, deceased, Appellee and Cross-Appellant.

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

Rehearing Denied May 12, 1971.

Review Denied June 8, 1971.

Attorney(s) appearing for the Case

Streich, Lang, Weeks, Cardon & French, by B. Michael Dann, Phoenix, for appellant and cross-appellee.

Johnson, Shelley, Roberts & Riggs, by J. LaMar Shelley, Mesa, for appellee and cross-appellant.

HAIRE, Judge.

Although the pleadings filed in this case presented several claims and counterclaims in the trial court, on this appeal we are only concerned with the plaintiffs' claim for declaratory judgment relief which was denied without prejudice, and the defendant's counterclaim for strict foreclosure which the trial court dismissed with prejudice.

Plaintiffs Robinson1 filed their complaint seeking a declaratory judgment that...

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