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STATE v. SUPERIOR COURT IN & FOR CTY. OF MARICOPA

No. 1 CA-CIV 1702.

15 Ariz. App. 145 (1971)

486 P.2d 825

STATE of Arizona and the State of Arizona Highway Commission, Petitioners, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable Irwin Cantor, a Judge thereof; and the real parties in interest, Eugene A. ISHLER and Margaret E. Ishler, his wife, Respondents.

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

July 21, 1971.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Richard McC. Shannon, Phoenix, for petitioners.

JACOBSON, Presiding Judge.

In this special action, petitioners, the State of Arizona and State of Arizona Highway Commission, urge that the respondent trial court exceeded its jurisdiction in denying petitioners' motion to dismiss the complaint therein on the grounds contained in Rule 6(f), Rules of Civil Procedure, 16 A.R.S., the summons not being served within one year from the date of filing the complaint.

The complaint was filed by Eugene and Margaret...

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