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SIDES v. NATIONWIDE FINANCIAL CORP.

No. 2 CA-CIV 3447.

125 Ariz. 600 (1980)

611 P.2d 953

Stephen L. SIDES and Sharon Sides, husband and wife, Plaintiffs/Appellants, v. NATIONWIDE FINANCIAL CORP., dba Citicorp Person to Person Financial Center, a corporation, and Ted A. Smith, Trustee, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

May 15, 1980.

Attorney(s) appearing for the Case

Norman R. Freeman, Tucson, for plaintiffs/appellants.

Welliever, Smith & Howard by Ted A. Smith, Phoenix, for defendants/appellees.

OPINION

RICHMOND, Judge.

Appellants Stephen L. Sides and Sharon Sides commenced an action for declaratory judgment, alleging that the interest rate on their note in favor of appellee Nationwide Financial Corp. was usurious under A.R.S. § 44-1202, and obtained a temporary restraining order prohibiting the trustee's sale of their residence. Both parties filed motions for summary judgment and appellees' motion was granted. We affirm the judgment in their...

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