SMITH v. WELLS FARGO CREDIT CORP.

No. CIV 88-541 PHX PGR.

713 F.Supp. 354 (1989)

Harold N. and Barbara Elaine SMITH, husband and wife, Plaintiffs, v. WELLS FARGO CREDIT CORP., et al., Defendants.

United States District Court, D. Arizona.

May 12, 1989.


Attorney(s) appearing for the Case

Brunn W. Roysden, Jr., Phoenix, Ariz., for plaintiffs.

Judith M. Prakel, Phoenix, Ariz., for defendants.


ORDER

ROSENBLATT, District Judge.

Defendants' motion for summary judgment and plaintiffs' cross-motion for partial summary judgment are pending before the Court. After consideration of the entire record and the oral argument of counsel, the Court finds that the plaintiffs' partial summary judgment motion should be granted because the Court concludes that the plaintiffs have the right to rescind and that res judicata does not bar this action.

The...

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