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ANDERSON v. HAWKINS

No. 2 CA-CIV 3787.

129 Ariz. 83 (1981)

628 P.2d 966

Deborah E. ANDERSON, Plaintiff/Appellant, v. Daniel J. HAWKINS, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 22, 1981.

Review Denied May 27, 1981.

Attorney(s) appearing for the Case

Higgins & Sinema by Dan A. Sinema, Tucson, for plaintiff/appellant.

Robert F. Hughes, Glendale, for defendant/appellee.

OPINION

HATHAWAY, Chief Judge.

Appellant (plaintiff) brought suit on two promissory notes. One of the notes was given on April 27, 1976, and was for $30,000 with interest at 16%. The other note was given on July 10, 1976, and was for $5,000 with interest at 1%. Appellee (defendant)1 answered and set up usury as an affirmative defense.

Plaintiff filed a motion for summary judgment. The motion, orally opposed by defense counsel...

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