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B & M CONST., INC. v. MUELLER

No. 2 CA-CV 89-0081.

164 Ariz. 52 (1989)

790 P.2d 750

B & M CONSTRUCTION, INC., an Arizona corporation, Plaintiff/Appellee, v. Henry J. MUELLER; the Mueller Group, a Washington Corporation; Mueller Development, a Washington Corporation; and Sungate Development Company, a Washington Corporation, Defendants/Appellants.

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

Review Denied May 1, 1990.

Attorney(s) appearing for the Case

Sylvester & Associates by Thomas P. Sylvester, Tucson, for plaintiff/appellee.

Fioramonti & Greenberg by Jeffrey H. Greenberg, Tucson, for defendants/appellants.

OPINION

LIVERMORE, Presiding Judge.

Plaintiff B & M Construction, Inc. entered into a contract for construction work with defendant Mueller Development Co. as owner and general contractor of an apartment development. B & M sued Mueller in two counts for breach of contract and to foreclose a mechanic's lien. Mueller demanded arbitration. The arbitrator ruled in favor of B & M on the contract claim and that award was confirmed by judgment. B &...

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