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IN RE GARCIA

Bankruptcy No. 80-0001, Adv. No. 79-00875.

11 B.R. 10 (1981)

In re Josephine GARCIA, Debtor. Josephine GARCIA, Plaintiff, v. STAMAT ENTERPRISES, INC., dba Factory Applicators, and First National Bank of Arizona, Defendants.

United States Bankruptcy Court, D. Arizona.

February 10, 1981.

Attorney(s) appearing for the Case

William Messing, Tucson, Ariz., for plaintiff.

Dwight C. Flickinger, Phoenix, Ariz., for defendant Stamat Enterprises, Inc.

Barbara Richmond, Phoenix, Ariz., for First Nat. Bank.

MEMORANDUM OPINION

WILLIAM A. SCANLAND, Bankruptcy Judge.

The debtor, Josephine Garcia, hereinafter called Plaintiff, filed an action to have a trust deed which she gave to Stamat Enterprises, Inc., dba Factory Applicators, hereinafter called Defendant, declared void under one of several theories. Upon motion made by the Defendant, Plaintiff made an election to proceed under a rescission theory and amended her complaint seeking the deed of trust be declared...

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