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CITIBANK (ARIZ.) v. MILLER & SCHROEDER FIN., INC.

No. 1 CA-CV 88-439.

168 Ariz. 178 (1990)

812 P.2d 996

CITIBANK (ARIZONA), an Arizona Banking Corporation, Plaintiff-Appellant, v. MILLER & SCHROEDER FINANCIAL, INC., a Minnesota Corporation; Wolfson & Frankel, a Law Partnership; Barry M. Wolfson and Deborah Wolfson, Husband and Wife; Martin S. Frankel and Colleen Frankel, Husband and Wife, Defendants-Appellees.

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

Reconsideration Denied January 4, 1991.

Review Denied June 25, 1991.

Attorney(s) appearing for the Case

Lewis and Roca by Peter D. Baird and Patricia K. Norris, Phoenix, for plaintiff-appellant.

Bowman and Brooke by Jeffrey R. Brooke and Thomas M. Klein, Phoenix, and Drake & Rogosheske by W. Michael Drake, Judith A. Rogosheske and Carol I. Spresser, Minneapolis, Minn., for defendants-appellees Miller & Schroeder Financial, Inc.

Renaud, Cook, Videan, Geiger & Drury, P.A. by J. Gordon Cook, Phoenix, for defendants-appellees Wolfsons, Frankels, Wolfson & Frankel.

OPINION

VOSS, Judge.

The trial court, characterizing defendants' motions to dismiss as motions for summary judgment, granted the motions, finding that the complaint did not "present a justiciable controversy for the court to resolve" and that "there are no allegations made by the plaintiff on claims to which it has a protectable interest." As we find that there is a present legal dispute and the plaintiff possesses...

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