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LENNON v. FIRST NATIONAL BANK OF ARIZONA

No. 1 CA-CIV 2159.

21 Ariz. App. 306 (1974)

518 P.2d 1230

Kenneth R. LENNON and Darlene Lennon, husband and wife; John Eagle and Nikki Eagle, husband and wife; Gary C. Marriott; Andrea Doggett, formerly known as Andrea Marriott, Appellants, v. FIRST NATIONAL BANK OF ARIZONA, a National Banking Association, Appellee.

Court of Appeals of Arizona, Division 1.

February 5, 1974.

Attorney(s) appearing for the Case

Blake, Colter, Flickinger & Daudet, P.C., by James H. Colter, Phoenix, for appellants.

Streich, Lang, Weeks, Cardon & French by Earl E. Weeks, Phoenix, for appellee.

OPINION

HATHAWAY, Chief Judge.

Defendants have appealed from the trial court's dismissal of Count Two of defendant Darlene Lennon's counterclaim through which she seeks to maintain a class action.1

In early 1970 Mrs. Lennon set up a personal checking account with plaintiff First National Bank of Arizona (the bank). The bank issued Mrs. Lennon a "Guardian Check Cashing Service Courtsey Card" which she signed and used. The...

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