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

No. 1 CA-CIV 9459.

165 Ariz. 318 (1989)

798 P.2d 1327

Henry E. MANLEY and Donna L. Manley, and Arthur Johnson, Plaintiffs-Appellants, v. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California Corporation, Defendant-Appellee.

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

Reconsideration Denied As Modified on Grant of Clarification June 8, 1990.

Review Granted November 6, 1990.

Attorney(s) appearing for the Case

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

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

OPINION

GRANT, Chief Judge.

This is an appeal from summary judgment and dismissal in favor of the defendant title company on a nine-count complaint alleging tortious conduct and breach of various contractual and fiduciary duties in connection with defendant's actions as an escrow agent and title insurer.

FACTS

In 1983, Henry and Donna Manley listed their bar-restaurant and house, located on six acres of land in Glendale, with real-estate agents...

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