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ONLY COLLECTIONS, INC. v. COUNTY OF COCHISE

No. 2 CA-CIV 2954.

121 Ariz. 310 (1978)

589 P.2d 1342

ONLY COLLECTIONS, INC. an Arizona Corporation, Plaintiff-Appellee, v. COUNTY OF COCHISE, a Body Politic, Appellant. COUNTY OF COCHISE, a Body Politic, Plaintiff-Appellant, v. ONLY COLLECTIONS, INC., an Arizona Corporation, Third Party Defendant-Appellee.

Court of Appeals of Arizona, Division 2.

December 12, 1978.

Attorney(s) appearing for the Case

Beverly H. Jenney, Cochise County Atty. by Jody N. Klein, Deputy County Atty., Bisbee, for appellant and plaintiff-appellant County of Cochise.

Charles M. Giles, for plaintiff-appellee and third party defendant-appellee Only Collections, Inc.

OPINION

HOWARD, Judge.

This is an appeal from the actions of the trial court in two separate cases. The determinative issue is whether the judgment against the garnishee, Pioneer National Trust of America (Pioneer), obtained by Only Collections, Inc. was binding on Cochise County. We hold that it was not.

On March 31, 1972, Cochise County entered into a trust agreement with a developer, Apple Valley Enterprises, Inc. (Apple Valley) and Pioneer, whereby...

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