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KENLY v. MIRACLE PROPERTIES

No. Civ. 76-127, Phx. WPC.

412 F.Supp. 1072 (1976)

Zona KENLY, Plaintiff, v. MIRACLE PROPERTIES, an Arizona Limited Partnership, et al., Defendants. MIRACLE PROPERTIES, an Arizona Limited Partnership, et al., Cross-Claimants, v. BENEFICIAL STANDARD MORTGAGE INVESTORS, a California Real Estate Investment Trust, et al., Cross-Defendants. BENEFICIAL STANDARD MORTGAGE INVESTORS, a California Real Estate Investment Trust, et al., Cross-Claimants, v. DEVELOPMENT SALES CORPORATION, an Arizona Corporation, et al., Cross-Defendants. MIRACLE PROPERTIES, an Arizona Limited Partnership, et al., Cross-Claimants, v. Bruce BABBITT, as Attorney General of the State of Arizona, et al., Cross-Defendants.

United States District Court, D. Arizona.

May 7, 1976.

Attorney(s) appearing for the Case

John C. Hughes of Hughes & Hughes, P. C., Phoenix, Ariz., for plaintiff.

F. William Sheppard of Jennings, Strouss & Salmon, Phoenix, Ariz., for defendants.

Philip A. Robbins of Robbins, Green, O'Grady & Abbuhl, Phoenix, Ariz., for defendants and cross-claimants.

Before KILKENNY, Senior Circuit Judge, EAST, Senior District Judge, and COPPLE, District Judge.

MEMORANDUM AND ORDER

COPPLE, District Judge.

Plaintiff filed suit in this court challenging the constitutionality of a Deed of Trust sale pursuant to A.R.S. § 33-801 et seq.1 The court's jurisdiction was invoked pursuant to 28 U.S.C. §§ 1343, 2201, 2202, 2281, 42 U.S.C. § 1983. A three-judge court was convened pursuant to 28 U.S.C. § 2284.

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