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BURKONS v. TICOR TITLE INS. CO. OF CAL.

No. 1 CA-CIV 9775.

165 Ariz. 299 (1989)

798 P.2d 1308

Earl M. BURKONS, Plaintiff-Appellant, v. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California corporation, Defendant-Appellee.

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

Reconsideration Denied June 8, 1990.

Review Granted November 6, 1990.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Timothy W. Barton, Jefferson L. Lankford, Michael R. Palumbo, and Carol A. Cluff, Phoenix, for plaintiff-appellant.

Streich, Lang, Weeks & Cardon by Robert E. Miles, Marcia Horn Yavitz, and E. Jeffrey Walsh, Phoenix, for defendant-appellee.

OPINION

GRANT, Chief Judge.

This is an appeal from summary judgment in favor of a title company on claims against it for breach of an escrow contract and breach of fiduciary duties, and from dismissal for failure to state a claim of bad faith breach of contract.

FACTS

Earl M. Burkons provided his brother-in-law, Arthur Schnitzer, with a power of attorney to sell Burkons' real property located in Phoenix. In 1983 Schnitzer agreed, on behalf...

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