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DESERT SUN LOAN v. CONSOLIDATED WATER

No. 1 CA-CV 93-0188.

184 Ariz. 430 (1995)

909 P.2d 497

DESERT SUN LOAN CORP., an Arizona corporation, Plaintiff-Appellee, Brooke Water L.L.C., Real Party in Interest, v. CONSOLIDATED WATER UTILITIES LIMITED PARTNERSHIP, an Arizona limited partnership; Lawrence M. Stewart and Mary Gayle Stewart, husband and wife; Spencer D. Stewart and Mary Jane Stewart, husband and wife; Lawrence M. Stewart as Trustee for the L.M. Stewart Revocable Trust of November 6, 1981, Defendants-Appellants.

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

Reconsideration Denied January 17, 1996.

Attorney(s) appearing for the Case

Murphy & Posner by Terry L. Rakow, Robert N. Brier, Phoenix, for Plaintiff-Appellee.

Douglas G. Wymore, Phoenix, for Defendants-Appellants.

OPINION

KLEINSCHMIDT, Judge.

Consolidated Water Utilities Limited Partnership appeals from summary judgment on a promissory note payable to Desert Sun Loan Corporation. Consolidated contends the trial court erred in holding that its assumption of liability on the note was within the statutory exception to the general requirement that a public service corporation obtain advance authorization from the Arizona Corporation Commission before issuing...

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