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SEPO v. FIRST NATIONAL BANK OF ARIZONA

No. 1 CA-CIV 2120.

21 Ariz. App. 606 (1974)

522 P.2d 562

Michael E. SEPO and Marie A. Sepo, his wife, Appellants, v. FIRST NATIONAL BANK OF ARIZONA, a national banking association, Appellee.

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

Rehearing Denied July 24, 1974.

Review Denied September 19, 1974.

Attorney(s) appearing for the Case

Rawlins, Ellis, Burrus & Kiewit by Chester J. Peterson, Phoenix, for appellants.

Streich, Lang, Weeks, Cardon & French by Dan M. Durrant, Phoenix, for appellee.

OPINION

STEVENS, Judge.

This is a suit by First National Bank of Arizona (hereinafter "bank") to collect on a note made by Mr. and Mrs. Michael E. Sepo (hereinafter Sepos) and to foreclose its lien on the property whose purchase price the mortgage secured. The question presented on appeal is whether the Sepos raised questions of fact sufficient to preclude the granting of the bank's motion for summary judgment.

The property in question is Lot # 465...

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