INTER-TEL, INC. v. BANK OF AMERICA

No. 1 CA-CV 98-0178.

985 P.2d 596 (1999)

195 Ariz. 111

INTER-TEL, INCORPORATED, an Arizona corporation, Plaintiff, Counterdefendant-Appellant, v. BANK OF AMERICA, ARIZONA, an Arizona corporation, Defendant, Counterclaimant-Appellee.

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

Review Denied September 21, 1999.


Attorney(s) appearing for the Case

Cohen Kennedy Dowd & Quigley, P.C. by Ronald Jay Cohen, Daniel P. Quigley, Laura H. Kennedy & Robert N. Mann Phoenix, Attorneys for Plaintiff, Counterdefendant-Appellant.

Ryley, Carlock & Applewhite by Robert J. Pohlman, Barry R. Sanders & William A. Richards Phoenix, Attorneys for Defendant, Counterclaimant-Appellee.


OPINION

KLEINSCHMIDT, Judge.

¶ 1 Inter-Tel, Inc., appeals a summary judgment ruling dismissing its suit against Bank of America, with which it once did business. The trial judge granted summary judgment because he concluded that Inter-Tel had released all claims against the bank. We reverse because there are disputed facts and inferences that raise a jury question as to whether the release was the product of duress.

FACTS AND PROCEDURAL HISTORY...

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