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FIRST ST. SERV. v. HECTOR'S CONCRETE CONSTR.

No. 2 CA-CV 91-0012.

168 Ariz. 442 (1991)

814 P.2d 783

FIRST STATE SERVICE CORPORATION, an Arizona corporation, Plaintiff/Appellee, v. HECTOR'S CONCRETE CONSTRUCTION, INC., an Arizona corporation, Defendant/Appellant.

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

June 6, 1991.

Attorney(s) appearing for the Case

Miller, Pitt & McAnally by Gerald Maltz and Andrea C. Weinstein, Tucson, for plaintiff/appellee.

Mesch, Clark & Rothschild by Douglas H. Clark, Jr., Tucson, for defendant/appellant.

OPINION

LIVERMORE, Presiding Judge.

In 1980 plaintiff First State Service Corporation and Herder Construction Company formed a joint venture to build homes on property to be purchased by the venture in the Catalina Foothills. The issue in this case is whether a creditor of Herder, on a claim unrelated to the activities of the joint venture, can execute on Herder's interest in property titled in the name of the joint venture. If Herder is treated as a tenant...

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