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ELF ATOCHEM NORTH AM. v. CELCO

No. 1 CA-CV 94-0037.

187 Ariz. 89 (1996)

927 P.2d 355

ELF ATOCHEM NORTH AMERICA, INC., a Pennsylvania corporation, Plaintiff-Appellee, Cross Appellant, v. CELCO, INC., an Arizona corporation formerly known as Sun Country Citrus, Inc.; Charles E. Lakin and Florence Lakin, husband and wife; William F. Kilzer and Diane L. Kilzer, husband and wife; Charles E. Lakin, III and Cynthia Lakin, husband and wife; G. Nemat-Gorgani and Deborah Nemat-Gorgani, husband and wife, Defendants-Appellants, Cross Appellees.

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

Reconsideration Granted April 29, 1996.

Review Denied November 19, 1996.

Attorney(s) appearing for the Case

Bryan Cave by Mark I. Harrison, Stephen M. Dichter, Phoenix, Margaret C. Nikolai, St. Louis, MO, for Plaintiff-Appellee/Cross Appellant.

McGrath, North, Mullin & Kratz, P.C. by Douglas E. Quinn, Omaha, NE, and Jaburg & Wilk, P.C., by Michael J. McGivern, Phoenix, for Defendants-Appellants/Cross Appellees.

OPINION

EHRLICH, Judge.

Defendants-Appellants/Cross Appellees ("Celco") appeal from the trial court's partial summary judgment on the claims of Plaintiff-Appellee/Cross Appellant ("Elf Atochem") of liability for replevin and conversion of certain citrus-scanning, -sorting and -packing equipment which Elf Atochem both leased and conditionally sold to Amcico, a now-defunct Arizona corporation. Elf Atochem cross-appeals the court's determination that it suffered...

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