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SEARLES v. FIRST NAT. BANK OF ARIZONA

No. 1 CA-CIV 4175.

127 Ariz. 240 (1980)

619 P.2d 749

Kenneth K. SEARLES and Emma E. Searles, husband and wife, Appellants, v. FIRST NATIONAL BANK OF ARIZONA, a national banking association, Appellee.

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

Rehearing Denied October 21, 1980.

Review Denied November 18, 1980.

Attorney(s) appearing for the Case

Arizona Center for Law in the Public Interest by Bruce Meyerson and Carole Carpenter, Phoenix, for appellants.

Streich, Lang, Weeks, Cardon & French by William S. Hawgood, II, Christopher D. Johnson, and Earl E. Weeks, Phoenix, for appellee.

OPINION

OGG, Chief Judge.

In this appeal we must determine if A.R.S. § 12-2402(A)(2) [ex parte prejudgment seizures] is constitutional as drafted and as applied to the facts of this case.

In October of 1976, the First National Bank of Arizona filed a Complaint and Application for Issuance of Provisional Remedy in the Maricopa County Superior Court. The Bank sought recovery of the amounts due and owing under the terms of a security agreement executed...

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