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SNOW v. WESTERN SAV. & LOAN ASS'N

No. 1 CA-CIV 7971.

152 Ariz. 20 (1985)

730 P.2d 197

William J. SNOW and Eleanor J. Snow, aka Kelly Snow, husband and wife, Plaintiffs-Appellants, v. WESTERN SAVINGS & LOAN ASSOCIATION; John Does 1-20, Defendants-Appellees.

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

September 26, 1985.

Attorney(s) appearing for the Case

Westover, Choules, Shadle, Bowen & Clark, P.C. by Ted B. Bowen, Yuma, for plaintiffs-appellants.

Streich, Lang, Weeks & Cardon by Peter W. Sorenson, Louis A. Stahl, Deana S. Peck, Phoenix, for defendants-appellees.

EUBANK, Judge.

This is an appeal from a judgment in favor of Western Savings & Loan Association ("Western Savings") on William J. and Eleanor J. Snow's ("Snows") complaint for declaratory relief and damages. The case arose from the Western Savings' assertion of certain claimed rights under a due-on-sale clause in two separate transactions concerning the mortgaged real property. The Snows urge the following issues for our consideration: (1) whether the trial court...

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