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WOOLDRIDGE CONST. CO. v. FIRST NAT. BANK

No. 1 CA-CIV 4687.

130 Ariz. 86 (1981)

634 P.2d 13

WOOLDRIDGE CONSTRUCTION COMPANY, an Arizona Corporation, Plaintiff-Counter-Defendant-Appellant, v. FIRST NATIONAL BANK OF ARIZONA, a national banking association, Defendant-Counter-Claimant-Appellee.

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

Rehearing Denied August 27, 1981.

Review Denied September 22, 1981.

Attorney(s) appearing for the Case

Goldman & Kaplan, Ltd. by Alan Goldman and Mark E. Meltzer, Phoenix, for plaintiff-counter-defendant-appellant.

Behrens, MacLean & Jacques, Ltd. by Cary T. Inabinet and Streich, Lang, Weeks & Cardon by Charles W. Jirauch, Phoenix, for defendant-counter-claimant-appellee.

OPINION

HAIRE, Presiding Judge.

This appeal involves two questions:

1) Did appellant, Wooldridge Construction Company, Inc., a general contractor, timely file its mechanic's lien, pursuant to A.R.S. § 33-993, and, if it did, 2) Is appellant's lien entitled to priority over First National Bank's deed of trust, pursuant to A.R.S. § 33-992?

Procedurally, the appeal is from a judgment after a full evidentiary trial with an...

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