WARREN v. MANGELS REALTY

No. 2 CA-CIV 1737.

23 Ariz. App. 318 (1975)

533 P.2d 78

Frank WARREN and Joanne Warren, his wife, dba Warren Properties, Appellants, v. MANGELS REALTY, an Arizona Corporation, Helen Mangels, an unmarried woman, Charles Taraldson and Elizabeth Taraldson, his wife, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 23, 1975.

Review Denied May 13, 1975.


Attorney(s) appearing for the Case

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

Bilby, Thompson, Shoenhair & Warnock, by Marvin S. Cohen, Tucson, for appellees.


OPINION

KRUCKER, Judge.

This appeal seeks review of a summary judgment in favor of appellees dismissing one count of appellants' complaint.1 The substance of appellants' claim against appellees was that the latter had breached a fiduciary duty thereby depriving appellants of an interest in certain real property.

The appellees' motion for summary judgment was based on the pleadings, specified depositions, and two affidavits...

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