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PERFORMANCE FUNDING v. ARIZONA PIPE TRADE TRUST FUNDS

No. 1 CA-CV 01-0536.

49 P.3d 293 (2002)

203 Ariz. 21

PERFORMANCE FUNDING, L.L.C. an Arizona limited liability company and Performance Mechanical, L.L.C. an Arizona limited liability company, Plaintiffs-Appellees, v. ARIZONA PIPE TRADE TRUST FUNDS; Arizona Sheet Metal Workers Local 359 Trust Funds, Defendants-Appellants.

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

June 18, 2002.

Attorney(s) appearing for the Case

David M. Reaves, P.C. By David M. Reaves, Phoenix, Attorneys for Plaintiffs-Appellees.

Ward, Keenan & Barrett, P.C. By Gerald Barrett, Phoenix, Attorneys for Defendants-Appellants.

OPINION

HALL, Judge.

¶ 1 The Arizona Pipe Trades Trust Funds1 and the Arizona Sheet Metal Workers Local 359 Trust Funds2 (collectively, the "Trust Funds") appeal from the trial court's summary judgment in favor of Performance Funding, L.L.C. and Performance Mechanical, L.L.C. (collectively, "Performance"). The Trust Funds and Performance both asserted lien rights to funds that Motorola, Inc....

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