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NORWEST BANK (MINNESOTA), N.A. v. SYMINGTON

No. 1 CA-CV 99-0240.

3 P.3d 1101 (2000)

197 Ariz. 181

NORWEST BANK (MINNESOTA), N.A., as Custodian for various Pension Funds, Plaintiff-Appellee, v. J. Fife SYMINGTON, III, Defendant-Appellant.

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

January 6, 2000.

Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander, P.A. By Robert A. Shull, David Rodgers, Phoenix, for Defendant-Appellant.

Morrison & Hecker L.L.P. By Michael C. Manning, Kristin L. Farnen, David E. Koval, Phoenix, for Plaintiff-Appellee.

OPINION

SULT, Judge.

¶ 1 Appellant J. Fife Symington III appeals from the denial of his motion under Rule 60(c), Arizona Rules of Civil Procedure, to set aside a deficiency judgment obtained against him. We find that appellee Pension Funds, for whom Norwest Bank is custodian, unfairly obtained the judgment, and the trial court therefore erred in refusing to vacate the judgment.

BACKGROUND

¶ 2 In 1990, Mercado Developers Limited...

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