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HUBBARD v. AMERICAN ALLIANCE LIFE INSURANCE CO.

No. 1 CA-CIV 1907.

20 Ariz. App. 500 (1973)

514 P.2d 253

Gerald HUBBARD and Rita Hubbard, husband and wife, Appellants, v. AMERICAN ALLIANCE LIFE INSURANCE COMPANY, an Arizona corporation; Arthur Herzberg; Gerald Barnes; American Assurance and Associates, an Arizona corporation; Security National Life Insurance Company, a Utah corporation; and Seymour N. Tash, Appellees.

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

Review Denied January 15, 1974.

Attorney(s) appearing for the Case

Burch, Cracchiolo, Levie, Guyer & Weyl by Daniel Cracchiolo, Phoenix, for appellants.

Cox & Cox by Alfred S. Cox, Phoenix, for appellees American Alliance Life Ins. Co. and Security National Life Ins. Co.

Berry & Herrick, P.A. by Richard S. Berry, Tempe, for appellees Herzberg, Barnes, American Assurance and Associates & Tash.

OPINION

JACOBSON, Chief Judge of Division One.

This appeal raises the issue of whether there exists a genuine issue of material fact which would preclude the granting of a motion for summary judgment against plaintiffs on their complaint alleging fraud in connection with the sale by plaintiffs to defendant American Alliance Life Insurance Company of certainn real property.

Plaintiffs-appellants Gerald Hubbard and Rita Hubbard brought an action against...

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