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KIRKPATRICK v. INDUSTRIAL COMMISSION

No. 1 CA-CIV 1046.

10 Ariz. App. 564 (1969)

460 P.2d 670

Frank KIRKPATRICK, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, and State Compensation Fund, Robert L. Myers, Judge, Maricopa County Superior Court, Respondents; KITCHELL CONTRACTORS, INC., an Arizona corporation, Real Party In Interest.

Court of Appeals of Arizona. Division 1. Department A.

As Amended November 13, 1969.

Attorney(s) appearing for the Case

Machmer, Lehman & Cantor, by Stan A. Lehman, Phoenix, for petitioner.

Snell & Wilmer, by John E. Lundin, Phoenix, for real party in interest Kitchell Contractors, Inc.

Michael A. Lasher, Former Chief Counsel, Donald L. Cross, Chief Counsel, for respondent The Industrial Commission of Arizona.

Robert K. Park, Chief Counsel, by Courtney L. Varner, Phoenix, for respondent State Compensation Fund.

STEVENS, Judge.

The matter before the Court is an application for extraordinary relief arising out of discovery procedures in a pending Superior Court action. The complaint was filed in the Superior Court on 13 September 1968 and alleges that the plaintiff was injured on 22 September 1967. He seeks recovery in tort.

At the outset we desire to expressly state that this opinion is not an interpretation of the effect of the amendments to the Workmen's Compensation...

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