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UNION ROCK & MAT. v. SCOTTSDALE CON. CENTER

No. 1 CA-CIV 6443.

139 Ariz. 268 (1983)

678 P.2d 453

UNION ROCK & MATERIALS CORPORATION, an Arizona Corporation, Cross-claimant/Cross-defendant Appellant, v. SCOTTSDALE CONFERENCE CENTER, a California limited partnership, Cross-claimant/Cross-defendant Appellee.

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

Reconsideration Denied October 25, 1983.

Review Denied December 20, 1983.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, P.C. by Barry J. Dale, Phoenix, for cross-claimant/cross-defendant appellee.

Wentworth & Ludin by David McCord, Phoenix, for cross-claimant/cross-defendant appellant.

OPINION

EUBANK, Judge.

This appeal by Union Rock & Materials Corporation is from the summary judgment in Scottsdale Conference Center's favor holding that Union Rock's materialmen's lien was not timely filed pursuant to A.R.S. § 33-993(A). Three issues are presented in this appeal:

(1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty...

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