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GENE McVETY, INC. v. DON GRADY HOMES, INC.

No. 13608-PR.

119 Ariz. 482 (1978)

581 P.2d 1132

GENE McVETY, INC., Appellant, v. DON GRADY HOMES, INC., an Arizona Corporation, Applewhite Mortgage & Investment Company, an Arizona Corporation and John C. Ellinwood, as trustee under deed of trust, Appellees.

Supreme Court of Arizona, In Banc.

June 7, 1978.

Attorney(s) appearing for the Case

Norling, Rolle, King & Oeser by James B. Rolle, III, Phoenix, for appellant.

Sternberg, Sternberg & Rubin by Ronald I. Rubin, Allan D. NewDelman, Phoenix, for appellees.

STRUCKMEYER, Vice Chief Justice.

This is an action by Gene McVety, Inc. to foreclose a mechanic's lien. The Superior Court granted the appellees' motions for summary judgment. The Court of Appeals affirmed, 119 Ariz. 265, 580 P.2d 726 (App. 1977). We accepted review. Opinion of the Court of Appeals vacated. Judgment of the Superior Court reversed.

Don Grady Homes, Inc. was the owner-developer...

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