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McVETY, INC. v. DON GRADY HOMES, INC.

No. 1 CA-CIV 3375.

119 Ariz. 265 (1977)

580 P.2d 726

GENE McVETY, INC., Appellant, v. DON GRADY HOMES, INC., an Arizona Corporation, Applewhite Mortgage & Investment Company, an Arizona Corporation and John C. Ellinwood, as trustee under deed of trust, Appellees.

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

Rehearing Denied January 30, 1978.

Review Granted February 22, 1978.

Attorney(s) appearing for the Case

Norling, Rolle, King & Oeser by James B. Rolle, III, Phoenix, for appellant.

Sternberg, Sternberg & Rubin, Ltd. by Ronald I. Rubin, Allan D. NewDelman, Phoenix, for appellees.

OPINION

WREN, Presiding Judge.

Plaintiff, Gene McVety, Inc. (McVety) brought suit against the defendant, Don Grady Homes, Inc. (Grady)1 to foreclose a materialman's lien claim and for unjust enrichment. Grady was the owner-developer of Green Meadows No. 4, a subdivision in Maricopa County. McVety appeals from a summary judgment entered in favor of the defendant and from orders denying reconsideration of summary judgment and a new...

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