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WAGNER v. RAO

No. 2 CA-CV 94-0129.

180 Ariz. 486 (1994)

885 P.2d 174

Willie G. WAGNER, dba Wagner's Auto Body & Sales, Plaintiff/Counterdefendant/Appellee/Cross-Appellant, v. John RAO and Cathy RAO, husband and wife, Defendants/Counterclaimants/Appellants/Cross-Appellees.

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

October 31, 1994.

Attorney(s) appearing for the Case

Kenneth W. Schutt, Jr., P.C. by Kenneth W. Schutt, Jr. and Michael A. Cordier, Scottsdale, for plaintiff/counterdefendant/appellee/cross-appellant.

Palmer Law Offices by Adam P. Palmer, Phoenix, for defendants/counterclaimants/appellants/cross-appellees.

OPINION

ESPINOSA, Presiding Judge.

This appeal is taken from the trial court's granting of summary judgment in favor of appellee Willie G. Wagner, dba Wagner's Auto Body & Sales, in his breach of contract action and from its dismissal of appellants John and Cathy Rao's counterclaim alleging fraud. The issue presented is whether an "as is" provision and an integration clause in a contract for the sale of a "classic car" precluded the Raos' fraud claim as...

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