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FIRST AMERICAN BANK v. SAFEWAY STORES, INC.

No. 2 CA-CIV 5692.

151 Ariz. 584 (1986)

729 P.2d 938

FIRST AMERICAN BANK & TRUST CO., Plaintiff/Appellee, v. SAFEWAY STORES, INCORPORATED, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied July 16, 1986.

Review Denied November 4, 1986.

Attorney(s) appearing for the Case

Butler & Stein, P.C. by Alan L. Stein and Annette Everlove, Tucson, for plaintiff/appellee.

O'Connell, Wezelman, Poston & Bosse, P.C. by Steven L. Bosse, Tucson, for defendant/appellant.

HOWARD, Presiding Judge.

This is a forcible entry and detainer action. The trial court, sitting without a jury, found Safeway Stores, Inc., (Safeway) guilty of unlawful detainer, granted restitution of the premises to First American Bank & Trust Company (First American), and awarded First American damages for rent due in the sum of $58,014 along with its costs and attorney's fees.

The determinative issue was whether the lease executed by Safeway and Betz...

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