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SCOTTSDALE MEMORIAL HEALTH SYS. v. CLARK

No. CV-87-0217-PR.

157 Ariz. 461 (1988)

759 P.2d 607

SCOTTSDALE MEMORIAL HEALTH SYSTEMS, INC., an Arizona corporation, Plaintiff/Counter-Defendant/Appellant, v. Lawrence G. CLARK, individually and dba Larry Clark Construction Co.; Dorothy Clark, wife of Lawrence G. Clark, Defendants/Counter-Claimants/Appellees.

Supreme Court of Arizona, En Banc.

Reconsideration Denied July 12, 1988.

Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Phillip Weeks, Donald N. McIntyre, Michael S. Rubin, Phoenix, for plaintiff/counter-defendant/appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Larry L. Smith, Philip C. Gerard, Phoenix, and Scott M. Clark, Scottsdale, for defendants/counter-claimants/appellees.

FELDMAN, Vice Chief Justice.

Scottsdale Memorial Health Systems, Inc. (Scottsdale) petitions us to review an opinion of the court of appeals. We are asked to determine whether a party whose title is derived from a nonjudicial foreclosure of a deed of trust is bound by a judgment taken against the original owner by the holder of a mechanic's lien. The lien foreclosure judgment was obtained in a case in which Scottsdale, the purchaser at the foreclosure sale, was not...

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