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RESOLUTION TRUST CORP. v. SEGEL

No. 1 CA-CV 90-440.

173 Ariz. 42 (1992)

839 P.2d 462

RESOLUTION TRUST CORPORATION, as Receiver of Southwest Savings and Loan Association, F.A., a Federal savings and loan association, Plaintiff-Appellant, Cross-Appellee, v. Howard SEGEL, a single man, Defendant-Appellee, Cross-Appellant.

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

September 3, 1992.

Attorney(s) appearing for the Case

Gammage and Burnham by Ellen Harris Hoff and F. William Sheppard, Phoenix, for plaintiff-appellant, cross-appellee.

Hunter & Lehman, P.C. by Marshall A. Lehman, Phoenix, for defendant-appellee, cross-appellant.

OPINION

GRANT, Judge.

This appeal arises out of a suit by Southwest Savings and Loan Association ("Southwest") against Howard Segel ("Segel") for the balance due under four promissory notes executed by Segel payable to Southwest. The trial court granted summary judgment in favor of Segel, holding that Southwest was precluded under Baker v. Gardner, 160 Ariz. 98, 770 P.2d 766 (1988...

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