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NAGEL v. FIELD SERVICES, INC.

No. 8488.

103 Ariz. 493 (1968)

446 P.2d 7

Shirley NAGEL, aka Shirley Feinstein, Appellant and Cross-Appellee, v. FIELD SERVICES, INC., Robert Pinder and Jane Doe Pinder, his wife, Conn-Pozen Design Associated, Inc., and John G. Wells, Appellees and Cross-Appellants.

Supreme Court of Arizona. In Division.

October 24, 1968.

Attorney(s) appearing for the Case

Spector & Johnson, by Bernard L. Bebeau, Phoenix, for appellant and cross-appellee.

Herbert Mallamo, Phoenix, for appellees and cross-appellants Field Services, Inc., Robert Pinder and Jane Doe Pinder, and John G. Wells.

Welliever, Smith, Holt & Smith, by Robert J. Welliever, Phoenix, for appellee Conn-Pozen Design Associates, Inc.

McFARLAND, Chief Justice:

This is an action to establish a constructive trust. Plaintiff-appellant Shirley Feinstein Nagel, hereinafter referred to as Nagel, owned an undivided one-third of a piece of real property located at the Southwest corner of Central Avenue and Maryland in Phoenix, Arizona. Another one-third was owned by David Tasky, and the remaining one-third by Arthur Petersen. These three parties obtained a mortgage commitment for $125,000 on the land and...

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