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LONDON v. GREEN ACRES TRUST

No. 1 CA-CIV 9034.

159 Ariz. 136 (1988)

765 P.2d 538

May LONDON, Arthur W. Yoder and Cecil M. Yoder, Howard C. Minnick, and Beatrice Minnick, and Rose Marie Jones, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, Cross Appellants, v. GREEN ACRES TRUST, an Arizona corporation; Lisle Hawkins; L. David Hawkins; Green Acres Memorial Gardens, an Arizona corporation; Pueblo Sereno, Inc., an Arizona corporation; Philip D. Hawkins; William H. Hawkins; Ruth Hawkins; Lorlie Hawkins; Nancy P. Hawkins; and Orrie N. Hawkins, Defendants-Appellants, Cross Appellees.

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

Reconsideration Denied September 16, 1988.

Review Denied January 17, 1989.

Attorney(s) appearing for the Case

Treon & Warnicke, P.A. by William W. Holder, Terri L. Kessel, and Roush, McCracken & Guerrero by Charles D. Roush, and Douglas G. Martin, Phoenix, for plaintiffs-appellees, cross appellants.

John B. Marron, Phoenix, for defendants-appellants, cross appellees Green Acres Trust, Green Acres Memorial Gardens, Inc., Lisle and Ruth Hawkins, L. David Hawkins and Lorlie Hawkins.

Farley, Robinson & Larsen by James J. Farley, Phoenix, for defendants-appellants, cross appellees Philip Hawkins, William H. Hawkins, Orrie Hawkins and Pueblo Sereno, Inc.

OPINION

GRANT, Judge.

This is an appeal and cross-appeal from the judgment for the appellees (plaintiffs) in a class action, which began more than ten years ago.

FACTS

On March 8, 1976, plaintiffs filed a class action, alleging that defendants sold funeral services, merchandise, burial plots, and a series of unregistered 20 year debentures through unregistered securities sales people under the guise and pretext that they were selling prepaid...

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