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BALTIMORE LIFE INSURANCE COMPANY v. HARN

No. 1 CA-CIV 1331.

15 Ariz. App. 78 (1971)

486 P.2d 190

The BALTIMORE LIFE INSURANCE COMPANY, a Maryland corporation, Appellant, v. Hugh L. HARN et al., Appellees.

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

As Amended July 8, 1971.

Rehearing Denied September 10, 1971.

Review Granted October 13, 1971.

Attorney(s) appearing for the Case

Samuel R. Hutchison and William C. Penn, Phoenix, for appellant.

Evans, Kitchel & Jenckes by Joseph S. Jenckes, Jr. and Stephen W. Pogson, Phoenix, for appellees Harn.

A. Alexander Katz, Phoenix, for appellees Heller.

KENNETH C. CHATWIN, Superior Court Judge.

This case is before us on appeal from the dismissal of a complaint for mortgage foreclosure, for failure to state a claim upon which relief could be granted. In the judgment entered on November 3, 1969, dismissing the plaintiff's complaint, the trial court made the following statement:

"* * * the Court ruled on the 25th day of September, 1969 in an order reading: `The motion of defendants Harn to dismiss Complaint...

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