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BLACK, ROBERTSHAW, FREDERICK, ETC. v. U.S.

No. 1 CA-CIV 4596.

130 Ariz. 110 (1981)

634 P.2d 398

BLACK, ROBERTSHAW, FREDERICK, COPPLE & WRIGHT, P.C., Development and Construction Services, Inc., Kennedy Machinery Co., Inc., United States of America, ABC Partnership I-V, John Doe and Jane Doe, his wife, XYZ Corporation I-V, Defendants-Appellees, v. UNITED STATES of America, Defendant-Appellant.

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

Rehearing Denied August 12, 1981.

Review Denied September 17, 1981.

Attorney(s) appearing for the Case

William French Smith, Atty. Gen. of the U.S. by M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Karl Schmeidler, James A. Riedy, Attys., Tax Div., Dept. of Justice, Washington, D.C., and Bates Butler, Acting U.S. Atty. by Jose deJesus Rivera, Asst. U.S. Atty., Phoenix, for the U.S.

Black, Robertshaw, Frederick, Copple & Wright, P.C. by Michael W. Wright, Phoenix, for Black, Robertshaw, Frederick, Copple & Wright, P.C.

Taylor & Petica, P.C. by Ray A. Taylor, Scottsdale, for Kealy Const. Co.

OPINION

EUBANK, Judge.

Kealy Construction Company (Kealy), filed this interpleader action in superior court to determine the priority of competing claims to the interpleaded funds. The United States, appellant, and Black, Robertshaw, Frederick, Copple & Wright, P.C. (Law Firm), appellee, filed cross motions for summary judgment on the issue of their respective priority right to the funds. The trial court granted...

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