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U.S. FIDELITY & GUARANTY CO. v. CHRISTOFFEL

No. 2 CA-CIV 2281.

115 Ariz. 507 (1977)

566 P.2d 308

UNITED STATES FIDELITY AND GUARANTY CO., a corporation, Appellant and Cross-Appellee, v. Dean C. CHRISTOFFEL, guardian and conservator of the Estate of Lillian E. Styer, incompetent, Appellee and Cross-Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 26, 1977.

Review Denied June 21, 1977.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by William F. Haug and M. Byron Lewis, Phoenix, Fish, Briney, Duffield & Miller, P.C. by Richard Duffield, Tucson, for appellant and cross-appellee.

Miller, Pitt & Feldman, P.C. by Stanley G. Feldman and Janice A. Wezelman, Tucson, for appellee and cross-appellant.

Moore & Romley by Kenneth J. Sherk and Craig R. Kepner, Phoenix, for Surety Association of America as amicus curiae.

OPINION

HOWARD, Chief Judge.

This is an appeal from a summary judgment against appellant in the sum of $139,877.83 on its guardian's bond wherein Herbert J. Schwager, former guardian of the Estate of Lillian Styer, was the principal. Appellee has filed a cross-appeal contending the trial court erred in not also awarding certain "costs".

On October 3, 1968, appellant issued the following "Bond of Guardian" which was filed in the Pima County Superior...

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