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WEST v. SUPERIOR COURT IN AND FOR CTY. OF MARICOPA

No. 9430.

104 Ariz. 1 (1968)

448 P.2d 57

Gale F. WEST, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA; and the Hon. Edwin Thurston, Judge of the Superior Court, Respondent.

Supreme Court of Arizona. In Banc.

December 13, 1968.

Attorney(s) appearing for the Case

Charles Christakis, Phoenix, for petitioner.

Wolfram & Krom, by Donald E. Wolfram, Phoenix for respondent and real party in interest Patricia Fuller.

McFARLAND, Chief Justice.

On June 5, 1968, petitioner Gale F. West petitioned the superior court for an order modifying the custody provisions of the divorce decree from his wife Patricia West Fuller. The case was assigned to Judge Edwin Thurston. On September 27, 1968, petitioner filed an affidavit of bias and prejudice against Judge Thurston pursuant to A.R.S. § 12-409, subsec. B, par. 5. The Judge refused to transfer the hearing to another division of the...

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