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LAMB EXCAVATION, INC. v. CHASE MANHATTAN MORTG.

No. 2 CA-CV 2002-0139.

95 P.3d 542 (2004)

208 Ariz. 478

LAMB EXCAVATION, INC., an Arizona corporation, Plaintiff/Appellee, v. CHASE MANHATTAN MORTGAGE CORPORATION, Defendant/Appellant, and Integra Window & Door, Inc.; ATKO Building Materials, Inc.; and U.S. Components L.L.C., Defendants/Cross-Claimants/Appellees.

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

July 29, 2004.

Attorney(s) appearing for the Case

Durazzo & Eckle, P.C., By Patric E. Durazzo, Tucson, for Plaintiff/Appellee.

Snell & Wilmer, L.L.P., By Marc G. Simon and Wade R. Swanson, Tucson, for Defendant/Appellant, Chase Manhattan Mortgage, Corporation.

Slutes, Sakrison & Hill, P.C., By James M. Sakrison, Tucson, for Defendant/Cross-Claimant/Appellee, Integra Window & Door, Inc.

Norman R. Freeman II, P.C., Tucson, for Defendant/Cross-Claimant/Appellee, U.S. Components L.L.C.

Anderson, Brody, Levinson, Weiser & Horwitz, P.A., By Jeffrey H. Levinson & Janessa E. Koenig, Phoenix, for Defendant/Cross-Claimant/Appellee, ATKO Building Materials, Inc.

OPINION

ESPINOSA, Acting Presiding Judge.

¶ 1 In this mechanics' lien foreclosure action, appellant Chase Manhattan Mortgage Corporation (Chase) appeals from the trial court's grant of summary judgment in favor of appellee Lamb Excavation, Inc. (Lamb). Chase contends the court erred in declining to apply the doctrine of equitable subrogation in its favor, which would have placed Chase in the primary lien position occupied by the construction...

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