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TRIO FOREST PRODUCTS v. FNF CONST.

No. 2 CA-CV 94-0071.

182 Ariz. 1 (1994)

893 P.2d 1

TRIO FOREST PRODUCTS, INC., Plaintiff/Appellant, v. FNF CONSTRUCTION, INC., and National Union Fire Insurance Company of Pittsburgh, PA., a Pennsylvania corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied August 30, 1994.

Review Denied April 25, 1995.

Attorney(s) appearing for the Case

Horne, Kaplan & Bistrow, P.C. by Thomas C. Horne, Martha B. Kaplan and Michael S. Dulberg, Phoenix, for plaintiff/appellant.

Renaud, Cook, Videan, Geiger & Drury, P.A. by Steven G. Mesaros, Phoenix, for defendants/appellees.

OPINION

HATHAWAY, Judge.

This is an appeal from a summary determination by the trial court holding that appellant Trio Forest Products, Inc. (Trio) had no claim against appellees FNF Construction, Inc. (FNF) and its surety, National Union Fire Insurance Company of Pittsburgh, PA., (National Union), under the Arizona Little Miller Act, A.R.S. §§ 34-221 through 34-226. We reverse.

Arizona enacted the Little Miller Act in 1969, modeling it...

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