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PLEASANTS v. HOME FEDERAL SAV. & LOAN ASS'N

Nos. 2 CA-CIV 2241, 2 CA-CIV 2329.

116 Ariz. 319 (1977)

569 P.2d 261

Theodore S. PLEASANTS, a single man, on behalf of himself and all persons similarly situated, Appellant, v. HOME FEDERAL SAVINGS & LOAN ASSOCIATION, formerly known as Tucson Federal Savings & Loan Association, an Arizona Corporation, Appellee. Glen A. BEYERSDORF and Esther A. Beyersdorf, husband and wife, on behalf of themselves, and all other persons similarly situated, Appellants, v. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a California Corporation doing business in Arizona, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 28, 1977.

Review Denied September 20, 1977.

Attorney(s) appearing for the Case

John William Lovell, Tucson, for appellants.

Gerald B. Hirsch, Tucson, Daughton, Feinstein & Wilson by Allen L. Feinstein and R. Stewart Halstead, Phoenix, for appellee.

Roush, Mori & Welch by Dow Ben Roush, Phoenix, for amicus curiae.

OPINION

HATHAWAY, Judge.

This is an appeal from summary judgments in favor of the defendant in two consolidated actions. Both plaintiffs had filed complaints on behalf of themselves and others similarly situated against Home Federal Savings & Loan Association, formerly known as Tucson Federal Savings and Loan Association. Both plaintiffs had contracted to purchase real property upon which defendant held a first mortgage (Pleasants v. Home Federal

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