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MAHAN v. FIRST NAT. BANK OF ARIZONA

No. 1 CA-CIV 6029.

139 Ariz. 138 (1984)

677 P.2d 301

Lee MAHAN, dba Mahan Materials, Petitioner-Appellant, v. FIRST NATIONAL BANK OF ARIZONA, Personal Representative of Estate of Kenneth A. Hoover, deceased, Respondent-Appellee.

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

January 12, 1984.

Attorney(s) appearing for the Case

Foley, Clark & Nye, P.A. by Stephen D. Chaya, Phoenix, for petitioner-appellant.

Fennemore, Craig, von Ammon, Udall & Powers, P.C. by William L. Thorpe and Cynthia Shupe Thorpe, Phoenix, for respondent-appellee.

OPINION

HAIRE, Judge.

Appellant, Lee Mahan, appeals from the trial court's dismissal with prejudice of his claim against the First National Bank of Arizona, the personal representative of the estate of Kenneth A. Hoover, deceased.

Two issues are presented in this appeal: (1) whether appellant is precluded by A.R.S. § 12-2251 (the deadman's statute) from testifying concerning his conversations with the decedent relating to an oral contract entered...

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