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McCARTHY WESTERN CONST. v. PHOENIX RESORT

No. 1 CA-CV 89-305.

169 Ariz. 520 (1991)

821 P.2d 181

McCARTHY WESTERN CONSTRUCTORS, INC., an Arizona corporation, Plaintiff-Appellee, v. The PHOENIX RESORT CORPORATION, a Delaware corporation, Defendant-Appellant.

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

Redesignated as Opinion and Publication Ordered April 2, 1991.

Reconsideration Denied May 29, 1991.

As Corrected October 18, 1991.

Review Denied December 17, 1991.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Henry L. Timmerman, Larry L. Smith and Nicholas J. Wallwork, Phoenix, for plaintiff-appellee.

Morrison, Hecker, Curtis, Kuder & Parrish by Mark A. Nadeau, Phoenix, and Martin, Cavan & Andersen, P.C. by H. Fielder Martin, C. Walker Ingraham and Linda A. Klein, Atlanta, Ga., for defendant-appellant.

OPINION

SHELLEY, Presiding Judge.

Defendant-appellant Phoenix Resort Corporation (Phoenix) appeals from the granting of a preliminary injunction preventing it from withdrawing money from a special construction fund escrow account (fund agreement).

FACTS AND PROCEDURAL HISTORY

McCarthy Western Constructors, Inc. (McCarthy), as general contractor, built the Phoenician Golf & Tennis Resort for...

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