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EARDLEY v. GREENBERG

No. CV-89-0145-PR.

164 Ariz. 261 (1990)

792 P.2d 724

Dennis R. EARDLEY, Plaintiff/Appellant, v. Seymour GREENBERG and Sarah Greenberg, husband and wife; Investors Security Management, Inc., an Arizona corporation, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

May 1, 1990.

Attorney(s) appearing for the Case

Bosco & DiMatteo, P.C. by Carm R. Moehle, Phoenix, for plaintiff/appellant.

William K. Whissen, Phoenix, for defendants/appellees.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Michael S. Rubin, Phoenix, for amici curiae First American Title Ins. Co. of Arizona, Arizona Bankers Ass'n, Arizona Trustees Ass'n, First Interstate Bank of Arizona, N.A. and The Arizona Bank.

FERNANDEZ, Chief Judge, Court of Appeals.

Plaintiff Dennis Eardley filed suit to set aside a trustee's sale. The trial court upheld the sale, and the Court of Appeals reversed and remanded. 160 Ariz. 518, 774 P.2d 822. We granted review to consider two issues: (1) whether a notice of substitution of trustee must be personally signed by all beneficiaries or whether a duly authorized agent of the...

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