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UNITED METRO MATERIALS, INC. v. PENA BLANCA PROPERTIES

No. 1 CA-CV 99-0331.

4 P.3d 1022 (2000)

197 Ariz. 479

UNITED METRO MATERIALS, INC., an Arizona corporation, doing business as San Xavier Rock & Materials, Plaintiff-Counterdefendant, Appellee, v. PENA BLANCA PROPERTIES, L.L.C., an Arizona limited liability company, Defendant-Counterclaimant, Appellant.

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

April 4, 2000.

Attorney(s) appearing for the Case

DeConcini McDonald Yetwin & Lacy, P.C. by Philip R. Wooten, Phoenix, for Appellee.

Jon R. Pozgay, Ltd. by Jon R. Pozgay, Phoenix, for Appellant.

OPINION

EHRLICH, Judge.

¶ 1 United Metro Materials, doing business as San Xavier Rock & Materials ("San Xavier"), filed suit to foreclose its lien for materials supplied for the Pena Blanca Highlands project of Pena Blanca Properties, L.L.C. ("Pena Blanca"). Pena Blanca obtained a lien-discharge bond pursuant to Arizona Revised Statutes ("A.R.S.") section 33-1004 from Far West Insurance Company ("Far West"), thereby removing San Xavier's lien from...

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