STATE BAR OF ARIZONA v. ARIZONA LAND TITLE & TRUST CO.

No. 6724.

90 Ariz. 76 (1961)

366 P.2d 1

STATE BAR OF ARIZONA, a public corporation, and Ashby I. Lohse, Harry L. Buchanan, William C. Frey, Jerry H. Glenn, Henry R. Merchant, Jr., Robert H. Renaud and Sidney Weissberger, individually and as Members of the Committee on Unauthorized Practice of the said State Bar of Arizona, Appellants and Cross-Appellees, v. ARIZONA LAND TITLE AND TRUST COMPANY, an Arizona corporation; Arizona Title Guarantee and Trust Company, an Arizona corporation; Lane Title and Trust Company, an Arizona corporation; Phoenix Title and Trust Company, an Arizona corporation, and Tucson Title Insurance Company, an Arizona corporation, Appellees and Cross-Appellants. Ashby I. LOHSE, Appellant, v. Ford HOFFMAN and C.L. Hoffman, doing business as Ford Hoffman Realty, Appellee.

Supreme Court of Arizona. En Banc.

November 1, 1961.


Attorney(s) appearing for the Case

Darrell R. Parker (deceased), Leslie C. Hardy and John E. Madden, Phoenix, for appellants.

Boyle, Bilby, Thompson & Shoenhair, Tucson, for appellee and cross-appellant Arizona Land Title & Trust Co.

Perry & Perry, Phoenix, for appellee and cross-appellant Arizona Title Guarantee & Trust Co.

Cunningham, Carson & Messinger, Phoenix, for appellee and cross-appellant Phoenix Title & Trust Co.

Darnell, Holesapple, McFall & Spaid, Tucson, for appellee and cross-appellant Tucson Title Insurance Co.

Jennings, Strouss, Salmon & Trask and William T. Birmingham, Phoenix, for appellee Lane Title & Trust Co.

Stephen B. Rayburn, Phoenix, for appellee Ford Hoffman and C.L. Hoffman, dba Ford Hoffman Realty.

F. Trowbridge vom Baur, Washington, D.C., E.N. Eisenhower, Tacoma, Wash., Terrell Marshall, Little Rock, Ark., Raymond Reisler, Brooklyn, N.Y., Thomas J. Boodell, Chicago, Ill., Jonathan F. Ells, Winsted, Conn., H.H. Perry, Jr., Albany, Ga., and Melvin F. Adler, Fort Worth, Tex., for American Bar Ass'n, as amicus curiae.


LOCKWOOD, Justice.

The plaintiffs, the integrated State Bar of Arizona and certain attorneys individually and as members of the State Bar Committee on Unauthorized Practice, filed two complaints for a declaratory judgment. One was against the defendants Ford Hoffman and C.L. Hoffman, dba Ford Hoffman Realty, hereafter referred to as Hoffmans, the other against the Arizona Land Title & Trust Company, Arizona Title Guarantee...

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