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FABER v. ALTHOFF

No. 1 CA-CV 88-360.

168 Ariz. 213 (1990)

812 P.2d 1031

Elmer L. FABER, Trustee of Faber Brothers Construction Company, Inc., Defined Benefit Pension Plan, Plaintiff-Appellant, v. David ALTHOFF and Phillis J. Althoff, husband and wife; Rod Collins and Vicki K. Collins, husband and wife; Charles Riley, bankruptcy trustee for the estate of Robert Eve; John C. Leeper and Patricia A. Leeper, husband and wife; Kent H. Mulkey and Lorna D. Mulkey, husband and wife; Jesus Ortiz and Diedre Ortiz, husband and wife; Alvin S. Witt and Sophie T. Witt, husband and wife; Robert Dossey and Jane Doe Dossey, husband and wife, Defendants-Appellees.

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

Reconsideration Denied July 19, 1991.

Attorney(s) appearing for the Case

Broening Oberg & Woods by Brian Holohan, Phoenix, and Udall, Shumway, Blackhurst, Allen, Lyons & Davis, P.C. by David R. Schwartz, Mesa, for plaintiffs-appellant.

Bonnett, Fairbourn & Friedman, P.C. by Andrew S. Friedman, and H. Sullivan Bunch, Phoenix, for defendants-appellees Althoff, Collins, Leeper, Mulkey, Ortiz, and Witt.

Ayers & Graham by Gregory A. Larson, Phoenix, for defendants-appellees Dossey.

OPINION

JACOBSON, Presiding Judge.

This appeal presents the issue whether the failure to include in a foreclosure judgment against a partnership the right of the creditor to obtain a deficiency judgment precludes additional relief against the individual partners of the partnership.

Elmer Faber (plaintiff) appeals from the trial court's dismissal of his suit to collect from the individual partners (defendants) a deficiency remaining after plaintiff...

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