EX-CELL-O CORP. v. LINCOR PROPERTIES

No. 2 CA-CV 88-0128.

158 Ariz. 307 (1988)

762 P.2d 594

EX-CELL-O CORPORATION, a Michigan corporation, Plaintiff/Appellee, v. LINCOR PROPERTIES OF ARIZONA, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied October 25, 1988.


Attorney(s) appearing for the Case

Shea & Wilks by Melvin J. Mirkin, Phoenix, for plaintiff/appellee.

Dioguardi, Poli & Ball, Ltd. by James B. Ball, Phoenix, for defendant/appellant.


OPINION

HATHAWAY, Judge.

This is an appeal from the granting of a summary judgment in a lien priority dispute to determine which lien is senior, that of a landlord pursuant to A.R.S. § 33-362, or a security interest pursuant to Article 9 of the Uniform Commercial Code, A.R.S. §§ 47-9101, et seq. (UCC). The parties agree that no triable issues of fact exist. The sole issue on appeal is whether the trial court correctly ruled that appellee Ex...

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