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JERMAN v. O'LEARY

No. 2 CA-CIV 5161.

145 Ariz. 397 (1985)

701 P.2d 1205

Alvin JERMAN and Frances E. Jerman, husband and wife; Dennis Bernstein and Helen Bernstein, husband and wife; Fred A. Clement, individually and as surviving spouse of Thelma I. Clement, and Montie L. Furr and Ruth M. Furr, husband and wife, Plaintiffs/Appellees, v. George J. O'LEARY and Brigid O'Leary, formerly husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Review Denied May 7, 1985.

Attorney(s) appearing for the Case

J. Emery Barker, Tucson, for plaintiffs/appellees.

Seefeldt & Neal by Michael M. Neal, Tucson, for defendants/appellants.

OPINION

HOWARD, Judge.

This was an action by five per cent of the limited partners of Rincon Country Mobile Home Park, Ltd., against the general partners, appellants O'Leary, to impose a constructive trust or secure damages for an alleged breach of fiduciary duty when appellants secured for themselves 25 acres of unimproved land belonging to the partnership. The case was heard by the court, sitting without a jury, which awarded plaintiffs compensatory damages...

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