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DATA SALES CO., INC. v. DIAMOND Z MFG.

No. 1 CA-CV 02-0480.

74 P.3d 268 (2003)

205 Ariz. 594

DATA SALES CO., INC., a Minnesota corporation, Plaintiff-Appellee, v. DIAMOND Z MANUFACTURING, an Idaho corporation, Defendant-Appellant.

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

August 14, 2003.

Attorney(s) appearing for the Case

Quarles & Brady Streich Lang L.L.P. by Charles W. Herf, Brian R. Booker and Nicole France, Phoenix, Attorneys for Plaintiff-Appellee.

Snell & Wilmer L.L.P. by Joel P. Hoxie, Martha E. Gibbs and Todd A. Williams, Phoenix, Attorneys for Defendant-Appellant.

OPINION

IRVINE, Judge.

¶ 1 Diamond Z Manufacturing appeals from the trial court's order denying its request to set aside the judgment finding Diamond Z liable under a guaranty agreement. We find that surety defenses can be expressly or implicitly waived within the guaranty contract. Therefore, we affirm the judgment.

FACTS AND PROCEDURAL HISTORY

¶ 2 Diamond Z is an Idaho corporation that manufactures recycling equipment known...

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