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SCHULDES v. NATIONAL SURETY CORPORATION

No. 1 CA-CIV 2560.

27 Ariz. App. 611 (1976)

557 P.2d 543

Jack R. SCHULDES and Marilyn Schuldes, his wife and each of them, Appellants and Cross-Appellees, v. NATIONAL SURETY CORPORATION, Appellee, and American Credit Bureau, Inc., Appellee and Cross-Appellant.

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

October 19, 1976.

Attorney(s) appearing for the Case

Rawlins, Ellis, Burrus & Kiewit by Chester J. Peterson, Phoenix, for appellants and cross-appellees.

Kunz & Stinson, Ltd. by Donald R. Kunz, Phoenix, for appellee National Surety Corp.

Lewis & Roca by Walter Cheifetz, Paul G. Ulrich, Peter D. Baird, Phoenix, for appellee and cross-appellant.

OPINION

EUBANK, Judge.

In addition to other questions, this appeal presents the question of the particular statute of limitations applicable to an action for wrongful attachment and of the damages recoverable in such an action.

The underlying transaction consisted of the execution in May 1967 of a preliminary sales agreement between the appellants, Schuldeses, and a Mr. and Mrs. Thomason, by which the appellants purchased a restaurant

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