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333 W. THOMAS MED. BLDG. ENTERPRISES v. SOETANTYO

No. CIV-93-2268-PHX-SMM.

976 F.Supp. 1298 (1997)

333 WEST THOMAS MEDICAL BUILDING ENTERPRISES, an Arizona general partnership, Plaintiff, v. John SOETANTYO and Queenie Soetantyo, husband and wife, Defendants.

United States District Court, D. Arizona.

Order Denying Reconsideration June 19, 1997.

Attorney(s) appearing for the Case

David F. Gaona, Frances J. Haynes, Gaona & Haynes, Phoenix, AZ, for 333 West Thomas Medical Bldg. Enterprises.

Michael P. Anthony, Wallace L. Larson, Cheryl Tidd Farson, Carson Messinger Elliott Laughlin & Ragan, Phoenix, AZ, for John Soetantyo, Queeny Soetantyo.

MEMORANDUM OF DECISION AND ORDER

McNAMEE, District Judge.

I. INTRODUCTION

Plaintiff was the beneficiary under a deed of trust executed by Defendants for the purchase of a medical building. Plaintiff's amended complaint alleges: (1) legal waste pursuant to Arizona Revised Statute section 33-815; (2) negligence; (3) breach of fiduciary duty; and (4) breach of contract. Defendants moved for summary judgment pursuant to Federal Rule of Civil Procedure...

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