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BERNAL v. LOEKS

No. 2 CA-CV 99-0107.

997 P.2d 1192 (2000)

196 Ariz. 363

Arthur S. BERNAL, a married man dealing with his sole and separate property, Plaintiff/Appellant, v. Ronald LOEKS and Donna Loeks, husband and wife; Gary E. McCusker and Kerry McCusker, husband and wife, Defendants/Appellees.

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

March 16, 2000.

Attorney(s) appearing for the Case

Cruse, Firetag & Bock, P.C. by Jules I. Firetag and Paul F. Dowdell, Phoenix, Attorneys for Plaintiff/Appellant.

William F. Doran, Phoenix, Attorney for Defendants/Appellees.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Gary L. Birnbaum and Michael S. Rubin, Phoenix, Attorneys for Amicus Curiae Land Title Association of Arizona.

OPINION

BRAMMER, Presiding Judge.

¶ 1 Arthur Bernal appeals from the trial court's order granting summary judgment in favor of the defendants/appellees Ronald and Donna Loeks and Gary and Kerry McCusker on his claim that they had unlawfully denied him access to rights-of-way that had been reserved on their properties in federal land patents. We reverse.

Facts and Procedural History

¶ 2 We view the facts in the light most...

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