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BANK OF AMERICA v. J. & S. AUTO REPAIRS

No. 17518-PR.

143 Ariz. 416 (1985)

694 P.2d 246

BANK OF AMERICA, a corporation, Plaintiff/Appellant/Cross-Appellee, v. J. & S. AUTO REPAIRS, James J. Lohmeier and Sharon Lohmeier, Defendants/Appellees/Cross-Appellants.

Supreme Court of Arizona, In Banc.

January 16, 1985.

Attorney(s) appearing for the Case

Leighton H. Rockafellow, Tucson, for plaintiff/appellant/cross-appellee.

Ronald W. Sommer, Tucson, for defendants/appellees/cross-appellants.

GORDON, Vice Chief Justice:

This petition for review arises out of a replevin action commenced by Bank of America to recover a 1977 Plymouth Voyager Van, upon which it held a purchase money lien. J. & S. Auto Repairs and the owner and operator thereof, James L. Lohmeier, had filed a counterclaim against the bank seeking $4,400 for repair to the van claiming the bank was unjustly enriched in that amount.

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