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LEE DEVELOPMENT CO. v. PAPP

No. 2 CA-CV 90-0121.

166 Ariz. 471 (1990)

803 P.2d 464

The LEE DEVELOPMENT COMPANY, an Arizona corporation; the Lee Company, formerly known as Lee/OGA, a limited partnership, Plaintiffs/Counter-Defendants/Appellees/Cross-Appellants, v. L. Roy PAPP and Marilyn Papp, husband and wife, d/b/a L. Roy Papp & Associates, Defendants/Counter-Claimants/Appellants/Cross-Appellees.

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

November 29, 1990.

Attorney(s) appearing for the Case

Lee, Stegall & Katz, P.C., Phoenix, by Jeffrey A. Murphy, for plaintiffs/counter-defendants/appellees/cross-appellants.

Ronald A. Spears, Phoenix, for defendants/counter-claimants/appellants/cross-appellees.

OPINION

HOWARD, Judge.

This action arose out of a commercial lease for premises in a development in Phoenix known as Park Place. Appellees (Lee Development) filed a complaint for breach of lease. Appellants (Papp) answered and counterclaimed alleging the breach of a superceding written agreement and sought declaratory relief. The case was tried to the court, sitting without a jury, which, after making findings of fact and conclusions of law, entered judgment...

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