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NATAROS v. FINE ARTS GALLERY OF SCOTTSDALE, INC.

No. 1 CA-CIV 4393.

126 Ariz. 44 (1980)

612 P.2d 500

Frank NATAROS and Anna Nataros, husband and wife, Plaintiffs/Counter-Defendants/Appellants, v. FINE ARTS GALLERY OF SCOTTSDALE, INC., an Arizona Corporation; Allen Goald and Sara Goald, husband and wife; Stanton M. Bier and Rosalie Bier, husband and wife, Defendants/Counter-Claimants/Appellees.

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

Rehearing Denied April 29, 1980.

Review Denied May 13, 1980.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by P. Michael Whipple, Larry L. Smith, Phoenix, for plaintiffs/counter-defendants/appellants.

Law Offices of Donald Maxwell, P.C. by Donald Maxwell, Scottsdale, for defendants/counter-claimants/appellees.

OPINION

JACOBSON, Judge.

This appeal from a directed verdict in defendants' favor raises the issues of whether plaintiffs, in an auction setting, proved a prima facie case of consumer fraud, negligent misrepresentation or common law fraud.

Plaintiffs/appellants, Frank and Anna Nataros, brought this civil action against defendants/appellees, Fine Arts Gallery of Scottsdale, Inc., its president and chief auctioneer, Stanton M. Bier, its salesman...

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