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WARREN v. WHITEHALL INCOME FUND 86

No. 2 CA-CV 90-0297.

170 Ariz. 241 (1991)

823 P.2d 689

Frank WARREN and Joanne Warren, his wife, dba Warren Properties, Plaintiffs/Appellants, v. WHITEHALL INCOME FUND 86, Defendant/Appellee.

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

Reconsideration Denied July 3, 1991.

Review Withdrawn, Motion to Depublish Denied January 21, 1992.

Attorney(s) appearing for the Case

Lesher & Borodkin, P.C. by Robert O. Lesher, Tucson, for plaintiffs/appellants.

Squire, Sanders & Dempsey by Dennis I. Wilenchik and Mark D. Zuckerman, Phoenix, for defendant/appellee.

OPINION

HOWARD, Presiding Judge.

This is an appeal from the granting of summary judgment against appellants in an action to renew a judgment and compel appellees to convey the property to appellants. The basic issue in this case is whether appellee Whitehall Income Fund 86 (Whitehall) was holding the land for appellants as a constructive trustee and if so, whether Whitehall could acquire the land in derogation...

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