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FIRST NAT. BANK OF ARIZONA v. CARBAJAL

No. 15739-PR.

132 Ariz. 263 (1982)

645 P.2d 778

FIRST NATIONAL BANK OF ARIZONA, a national banking association, Plaintiff-Appellee, v. Richard CARBAJAL, dba Baja Vans and Fidelity and Deposit Company of Maryland, a Maryland insurance corporation, Defendants-Appellants.

Supreme Court of Arizona, In Banc.

Rehearing Denied May 25, 1982.

Attorney(s) appearing for the Case

Streich, Lang, Weeks & Cardon by William S. Hawgood II, Earl E. Weeks, Phoenix, for plaintiff-appellee.

Rawlins, Ellis, Burrus & Kiewit by Timothy C. Westfall, David A. Clarke, and Lewis & Roca by Paul G. Ulrich, Phoenix, for defendants-appellants.

CAMERON, Justice.

The First National Bank of Arizona filed a complaint against defendant Richard Carbajal, doing business as Baja Vans (hereinafter Baja), for the unlawful conversion of a certain customized van. The trial court granted summary judgment in favor of First National, and Baja appealed to Division One of the Court of Appeals. Finding the dispute governed by the Uniform Commercial Code, the Court of Appeals recognized the conflict as one between a cash...

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