FIRST NAT. BANK OF ARIZONA v. CARBAJAL

No. 1 CA-CIV 4723.

132 Ariz. 315 (1981)

645 P.2d 830

FIRST NATIONAL BANK OF ARIZONA, a national banking association, Plaintiff-Appellee, v. Richard CARBAJAL, dba Baja Vans and Fidelity and Deposit Company of Maryland, a Maryland insurance corporation, Defendants-Appellants.

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

Rehearing Denied November 9, 1981.

Review Granted November 24, 1981.


Attorney(s) appearing for the Case

Streich, Lang, Weeks & Cardon by William S. Hawgood II, and Earl E. Weeks, Phoenix, for plaintiff-appellee.

Rawlins, Ellis, Burrus & Kiewit by Timothy C. Westfall, and David A. Clarke, Phoenix, for defendants-appellants.


OPINION

HAIRE, Presiding Judge.

The issues presented in this appeal have resulted from a conflict between a cash seller's reclamation rights under Article 2 of the Uniform Commercial Code and the rights of a holder of an unperfected security interest under Article 9 of the Uniform Commercial Code.

The appellee First National Bank of Arizona (First National) filed its complaint for conversion in the Maricopa County Superior Court seeking to recover...

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