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SPANIER v. U.S. FIDELITY & GUARANTY CO.

Nos. 1 CA-CIV 4288, 1 CA-CIV 4279.

127 Ariz. 589 (1980)

623 P.2d 19

Manus R. SPANIER and Ann H. Spanier, his wife, Plaintiffs-Appellees, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Defendant, Cross-Claimant-Appellee and Cross-Appellant, Kenneth L. "Bill" Jenkins and Madge J. Jenkins, husband and wife, Defendants-Cross-Defendants-Appellants and Cross-Appellees. Kenneth L. "Bill" JENKINS and Madge J. Jenkins, husband and wife, Defendants, Counter-Claimants-Appellees, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Defendant, Counter-Defendant-Appellant.

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

Rehearing Denied November 7, 1980.

Review Denied January 6, 1981.

Attorney(s) appearing for the Case

Warner & Angle by Charles R. Hallam and Jerry L. Angle, Phoenix, for Spanier.

Gust, Rosenfeld, Divelbess & Henderson by Richard A. Segal and Charles E. James, Jr., Phoenix, for Jenkins.

Moore, Jennings, Kepner, Scheffing & Hart by Donald W. Hart, Phoenix, for U.S. Fidelity & Guaranty Co.

OPINION

HAIRE, Judge.

This consolidated appeal is procedurally complex, involving two separate appeals and a cross-appeal based on three separate judgments. However, the underlying facts are neither complicated nor controverted, at least insofar as concerns those issues we deem pertinent to the disposition of the questions raised before this court.

The trial court litigation resulted from the financial failure of a construction firm, Valley Distributors...

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