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SMITH v. LEE

No. S-2607.

770 P.2d 754 (1989)

Hugh Z. SMITH, Louise S. Smith and Newbery Properties, Inc., Appellants, v. Herbert K.H. LEE, Irene Y. Lee, S.L.A. Properties, Robert J. Krogseng, Melva W. Krogseng, Richard W. Garner, Catherine S. Garner, Arthur C. Mathias, Patricia K. Mathias, John E. McCool, Gerald H. Park, Jean S. Park, Gail F. Stover, Thomas P. Vasileff and Safeco Title Agency, Inc., Appellees.

Supreme Court of Alaska.

March 17, 1989.

Attorney(s) appearing for the Case

David A. Lawer, Beard & Lawer, Anchorage, for appellants.

Kenneth L. Wallack, Anchorage, for appellees S.L.A. Properties.

Bruce E. Gagnon, Atkinson, Conway & Gagnon, Anchorage, for appellees Herbert K.H. Lee and Irene Y. Lee.

Before RABINOWITZ, BURKE, COMPTON and MOORE, JJ.

OPINION

COMPTON, Justice.

This appeal by Hugh and Louise Smith (Smiths) and Newbery Properties, Inc. (Newbery) arises out of the dismissal of their suit for judgment on a note and for foreclosure of a deed of trust. The note and deed of trust were given them by appellees Herbert and Irene Lee (Lees) and were later assumed by appellee S.L.A. Properties (S.L.A.). S.L.A. asserted that the United Bank of Arizona (United Bank) and other unnamed parties, and not...

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