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CS & W CONTRACTORS v. SOUTHWEST SAV. & LOAN

No. CV-93-0020-PR.

180 Ariz. 167 (1994)

883 P.2d 404

CS & W CONTRACTORS, INC., an Arizona corporation, Plaintiff/Appellee, v. SOUTHWEST SAVINGS & LOAN ASSOCIATION, an Arizona corporation, Defendant/Appellant.

Supreme Court of Arizona, En Banc.

Reconsideration Denied November 29, 1994.

Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander by Brian M. Mueller, Phoenix, for CS & W Contractors, Inc.

Jackson, White & Gardner by Michael R. Pruitt and Eric M. Jackson, Mesa, for Southwest Sav. & Loan Ass'n.

MARTONE, Justice.

This case requires us to decide whether a subcontractor may extract the value of improvements on a fifty-two lot subdivision from four of the lots. Because we hold that it may not, we partially vacate the opinion of the court of appeals and remand to the trial court for further proceedings.

Background

In June, 1986, Southwest Savings and Loan (Southwest) loaned money to Sencorp for the development of a fifty-two lot subdivision...

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