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FLEXMASTER ALUMINUM AWNING CO., INC. v. HIRSCHBERG

Nos. 1 CA-CV 90-469, 1 CA-CV 90-554.

173 Ariz. 83 (1992)

839 P.2d 1128

FLEXMASTER ALUMINUM AWNING CO., INC., a New York corporation, Plaintiff, Counter-defendant-Appellant, v. Janet HIRSCHBERG, Defendant, Counter-claimant-Appellee.

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

Reconsideration Denied October 22, 1992.

Attorney(s) appearing for the Case

Sears & Goodman, P.C. by John M. Sears, Russell S. Duerksen, Prescott, for plaintiff, counter-defendant-appellant.

Musgrove & Drutz, P.C. by Mark W. Drutz, Grant K. McGregor, Prescott, for defendant, counter-claimant-appellee.

OPINION

TOCI, Judge.

Flexmaster Aluminum Awning Co. ("Flexmaster") sued both Janet ("wife") and William ("husband") Hirschberg on a contractual debt William incurred before his marriage to Janet. While the action was pending, Flexmaster discovered that husband had filed a personal bankruptcy petition. Flexmaster notified the court and opposing counsel of that petition. However, both parties continued to litigate the action. The wife moved for summary judgment...

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