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BANK ONE, ARIZONA v. ROUSE

No. 1 CA-CV 91-0612.

181 Ariz. 36 (1994)

887 P.2d 566

BANK ONE, ARIZONA, a national banking association, Plaintiff-Appellant, Cross-Appellee, v. A.E. ROUSE and Betty M. Rouse, husband and wife, Defendants-Appellees, Cross-Appellants, Joseph P. Schwan and Catherine Schwan, husband and wife, Defendants-Appellees.

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

Review Denied January 24, 1995.

Attorney(s) appearing for the Case

Bryan Cave by Stephen M. Dichter, Mark I. Harrison and George Vice III, Phoenix, for plaintiff-appellant, cross appellee.

Copple, Chamberlin & Boehm, P.C. by Scott E. Boehm and Richard Q. Nye, Ltd. by Richard Q. Nye, Phoenix, for defendants-appellees, cross appellants.

OPINION

CLABORNE, Presiding Judge.

This action arose out of a 1985 real estate loan in the original principal amount of $11,500,000 from Valley National Bank of Arizona ("VNB")1 to the Varga Group, an Arizona general partnership. The guarantors defaulted on the loan and VNB brought this action. The case was tried to a jury and the jury returned its verdict in favor of the guarantors. VNB brought this appeal raising four issues...

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