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NESTLE ICE CREAM CO. v. FULLER

No. 1 CA-CV 95-0315.

186 Ariz. 521 (1996)

924 P.2d 1040

NESTLE ICE CREAM COMPANY, formally known as Nestle Dairy Systems, Inc., Plaintiff-Appellee, v. Walter FULLER, and Christ M. Rousseff, Defendants-Appellants.

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

September 5, 1996.

Attorney(s) appearing for the Case

Kahn, Freeman & LaForge, P.A. by Lyndon B. Steimel, Phoenix, for Plaintiff-Appellee.

Jennings, Strouss & Salmon, P.L.C. by James M. Ackerman and Robert D. Haws, Phoenix, for Defendants-Appellants.

OPINION

THOMPSON, Judge.

Defendants-Appellants Walter Fuller and Christ M. Rousseff (defendants) owned a piece of real property located in Maricopa County, Arizona, which they pledged in May of 1993 as security for a debt in the amount of $800,182.00 owed by Dixie Ice Cream, Inc. (Dixie) to Plaintiff-Appellee Nestle Ice Cream Company (Nestle), as evidenced by a promissory note (note 2). The note was to be repaid by Dixie over an eleven-month period...

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