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MacDONALD v. HYDER

No. 1 CA-CIV 1363.

12 Ariz. App. 411 (1970)

471 P.2d 296

Kyle R. MacDONALD and Ina R. MacDonald, husband and wife, and Kyle R. MacDonald, as next friend of his children, Randall MacDonald, Nan MacDonald, and Sue MacDonald, Minors, Petitioners, v. Fred J. HYDER, Judge of the Superior Court, in and for the County of Maricopa, Respondent, George W. LANNING and Susan E. Lanning, husband and wife, Respondents and Real Parties in Interest, The Industrial Commission of Arizona and the State Compensation Fund, Respondents.

Court of Appeals of Arizona, Division 1, Department B.

June 16, 1970.

Attorney(s) appearing for the Case

Fennemore, Craig, vonAmmon & Udall, by Silas H. Shultz, Phoenix, for petitioners.

Robert K. Park, Chief Counsel, by Cecil A. Edwards, Jr., Phoenix, for respondent State Compensation Fund.

Donald L. Cross, Chief Counsel, Phoenix, for respondent Industrial Commission of Arizona.

Johnson & Tucker, by Arthur M. Johnson, Phoenix, for respondents Lanning.

HAIRE, Judge.

This is an original proceeding in this court for extraordinary relief pursuant to the provisions of the Rules of Procedure for Special Actions, 17 A.R.S. (Supp. 1970). The petitioner, Kyle R. MacDonald, is one of the plaintiffs in a personal injury suit brought by all of the petitioners in the Superior Court against the respondents Lanning. Some months prior to the automobile accident which is the subject of the suit, Kyle R. MacDonald (hereinafter petitioner...

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