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CHANDLER MED. BLDG. v. CHANDLER DENTAL

No. 1 CA-CV 91-0246.

175 Ariz. 273 (1993)

855 P.2d 787

CHANDLER MEDICAL BUILDING PARTNERS, an Arizona General Partnership, Plaintiff-Appellant, v. CHANDLER DENTAL GROUP, an Arizona General Partnership; Kevin Cook and Jane Doe Cook, husband and wife; Gerald DiQuattro and Jane Doe DiQuattro, husband and wife; and Gail Goodman and Jane Doe Goodman, husband and wife, Defendants-Appellees.

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

May 25, 1993.

Attorney(s) appearing for the Case

Ryley, Carlock & Applewhite, P.A. by David L. Case and John C. Lemaster, Phoenix, for plaintiff-appellant.

Kempton, Jarvis, Decker, Jenkins & Walker, P.A. by Roger C. Decker and William G. Rood, Mesa, for defendants-appellees Chandler Dental Group, Kevin Cook and Rhonda Cook.

Udall, Shumway, Blackhurst, Allen & Lyons, P.C. by Gregory L. Miles and Sterling R. Threet, Mesa, for defendants-appellees Gerald DiQuattro, Vivian DiQuattro, Gail Goodman and Linda Goodman.

OPINION

JACOBSON, Presiding Judge.

Plaintiff-appellant Chandler Medical Building Partners ("CMBP") appeals from the trial court's judgment dismissing its complaint against defendants-appellees. The primary issue on appeal is whether the terms of the partnership agreement provided an exclusive remedy for Defendants' failure to pay capital contribution assessments, thereby precluding CMBP from maintaining a cause of action for damages pursuant to A.R.S. §...

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