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CAMPBELL v. SUPERIOR COURT, IN & FOR CTY. OF GILA

2 CA-CIV 844, 2 CA-CIV 845.

12 Ariz. App. 398 (1970)

470 P.2d 718

David H. CAMPBELL, Superintendent, Motor Vehicle Division, Arizona Highway Department, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF GILA, the Honorable Robert E. McGhee, the Judge thereof; and Real Party in Interest, Harold Leonard McMULLEN, Respondents. David H. CAMPBELL, Superintendent, Motor Vehicle Division, Arizona Highway Department, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF GILA, the Honorable Robert E. McGhee, the Judge thereof; and Real Party in Interest, Billy Jarvice MULLINIX, Respondents.

Court of Appeals of Arizona, Division 2.

June 19, 1970.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by E. Dennis Siler, Asst. Atty. Gen., Phoenix, for petitioner.

Donald C. Premeau, Globe, for respondents.

HOWARD, Chief Judge.

Since these respective special action proceedings involve the same question, they have been consolidated. The sole question is one of statutory construction: When a driver's license has been suspended pursuant to the provisions of A.R.S. § 28-691, and judicial review thereof is undertaken, is there a right to a trial by jury?

A detailed recitation of the circumstances leading up to the license suspensions herein involved is unnecessary...

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