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MATTER OF ESTATE OF BARRY

No. 1 CA-CV 94-0206.

184 Ariz. 506 (1996)

910 P.2d 657

In the Matter of the ESTATE OF Dolores E. BARRY, Deceased. BARRY & SEWALL INDUSTRIAL SUPPLY COMPANY, INC., a Minnesota corporation, Plaintiff-Appellant, v. ESTATE OF Dolores E. BARRY and Verona N. Blumberg, its Personal Representative, Defendants-Appellees.

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

January 16, 1996.

Attorney(s) appearing for the Case

Case & Bennett by Stephen S. Case, Scottsdale, for Plaintiff-Appellant.

Hagen, Boyle & Jones, P.C. by Mack T. Jones, Phoenix, for Defendants-Appellees.

OPINION

WEISBERG, Judge.

Verona N. Blumberg, personal representative of the estate of Dolores E. Barry (the "estate"), sought dismissal of a petition for allowance of claim and complaint that had been filed by Barry & Sewall Industrial Supply Company, Inc., (the "corporation") in the consolidated probate proceeding for the estates of Dolores Barry ("Dolores") and her late husband Paul. The trial court treated the motion as one for summary judgment and...

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