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WHITE MOUNTAIN APACHE INDIAN TRIBE v. SHELLEY

No. 10216.

107 Ariz. 4 (1971)

480 P.2d 654

WHITE MOUNTAIN APACHE INDIAN TRIBE, Barry DeRose and Hal Butler, Petitioners, v. Melvyn T. SHELLEY, a Judge of the Superior Court of the State of Arizona, and Frank Magini, Respondents.

Supreme Court of Arizona, In Banc.

February 11, 1971.

Attorney(s) appearing for the Case

Cavness, DeRose & Senner, by Barry DeRose & Jack C. Cavness, Phoenix, for petitioners.

Lewis & Roca, by John P. Frank, Joseph E. McGarry and Edward M. Lewis, Phoenix, for respondents.

HAYS, Vice Chief Justice.

Respondent, Frank Magini, entered into a road construction contract with the Fort Apache Timber Company (hereinafter referred to as FATCO). Alleging that FATCO had breached the contract, respondent filed suit in the Navajo County Superior Court. In addition to FATCO, respondent named petitioners Barry DeRose and Hal Butler as parties to the suit. Petitioner DeRose is general counsel for the White Mountain Apache Indian Tribe (hereinafter...

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