Red Mountain Machinery Company v. Grace Investment Company

29 F.3d 1408 RED MOUNTAIN MACHINERY COMPANY, an Arizona corporation, Plaintiff-Appellant, v. GRACE INVESTMENT COMPANY, an Arizona corporation; Canadian Imperial Bank of Commerce, a foreign corporation, Defendants-Appellees. No. 92-16825. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1994. Decided July 18, 1994. Lawrence C. Wright, Mesa, AZ, for plaintiff-appellant. G. Gregory Eaglebuger, The Eagleburger Group, Phoenix, AZ, for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before: FLETCHER, KOZINSKI and TROTT, Circuit Judges. FLETCHER, Circuit Judge: 1 Red Mountain Machinery Company ("Red Mountain") appeals the district court's order granting summary judgment in favor of Grace Investment Co. ("Grace") and the Canadian Imperial Bank ("the Bank") in Red Mountain's action seeking foreclosure of a leasehold interest in real property leased by Grace from the Yavapai-Prescott Indian Tribe ("the Tribe"). The district court held that the Arizona mechanics' lien law was preempted by federal law. We reverse and remand.BACKGROUND 2 The facts are undisputed. Grace is an Arizona corporation engaged in real estate…