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BEST FERTILIZERS OF ARIZONA, INC. v. BURNS

No. 13132-PR.

116 Ariz. 492 (1977)

570 P.2d 179

BEST FERTILIZERS OF ARIZONA, INC., a Delaware Corporation, Appellant, v. V.L. BURNS, Appellee.

Supreme Court of Arizona, In Banc.

September 9, 1977.

Attorney(s) appearing for the Case

Karman & Ishmael by Howard H. Karman, Casa Grande, for appellant.

Stanfield, McCarville, Coxon, Cole & Fitzgibbons by David A. Fitzgibbons, Jr., Casa Grande, for appellee.

STRUCKMEYER, Vice Chief Justice.

This is an appeal from the granting of a summary judgment decreeing that a mortgage held by Best Fertilizers of Arizona, Inc. was junior to that of a mortgage held by appellee, V.L. Burns. The Court of Appeals reversed, 117 Ariz. 178, 571 P.2d 675 (App. 1977). We granted review. Opinion of the Court of Appeals vacated. Judgment of the trial court reversed.

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