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KAMRATH v. GREAT SOUTHWESTERN TRUST CORP.

No. 2 CA-CIV 2050.

27 Ariz. App. 102 (1976)

551 P.2d 92

Kenneth KAMRATH and Mary Elizabeth Kamrath, husband and wife, and Pioneer National Trust Co. of Arizona, a corporation, as Trustee under Trust No. 10943, Appellants, v. GREAT SOUTHWESTERN TRUST CORPORATION, an Arizona Corporation, Individually and as Trustee for Trust No. 1212, Pima Mortgage Corporation, a corporation, Twin Cities Development Corporation, an Arizona Corporation, Great Southwestern Corporation, a corporation, and John Doe and Jane Doe, I through 10, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 27, 1976.

Review Denied September 14, 1976.

Attorney(s) appearing for the Case

Browning & Wilson by William D. Browning, Tucson, for appellants.

Russo, Cox, Dickerson & Cartin, P.C. by Thomas G. Cox, Tucson, for appellees.

OPINION

HATHAWAY, Judge.

Appellants filed an action contending that loans made to them in the amount of $235,000 at 10% per annum, were rendered usurious by the lender requiring payment of 4% brokerage commissions ($9,400) and a study and consultation fee in the sum of $35,000 to other corporations of the same corporate conglomerate in a sum totaling $44,400.00. After depositions were taken, judgment was entered against appellants on the basis of cross-motions...

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