PIONEER NAT. TRUST CO. v. KIRK

No. 2 CA-CIV 3040.

121 Ariz. 508 (1979)

591 P.2d 996

PIONEER NATIONAL TRUST COMPANY of Arizona, as Trustee of Trust No. 10,976, Plaintiff-Appellant, v. James Lee KIRK, as County Treasurer of Pima County, Arizona, Defendant-Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 21, 1979.

Review Denied March 6, 1979.


Attorney(s) appearing for the Case

Corey & Kittle, P.C. by Jay S. Kittle and Patrick J. Farrell, Tucson, for plaintiff-appellant.

Stephen D. Neely, Pima County Atty. by Peter E. Pearman, Deputy County Atty., Tucson, for defendant-appellee.


OPINION

HATHAWAY, Judge.

Appellant, assignee of a tax sale certificate of purchase, appeals from a summary judgment in favor of appellee, Pima County Treasurer. We agree with the trial court's ruling that appellee lawfully refused to issue a treasurer's deed to appellant.

We view the evidence most favorably to appellant to determine whether there is a material factual dispute, and if not, whether appellee is entitled to judgment as a matter of law...

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