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ANDERSON v. COULTER

No. 1 CA-CIV 1746.

16 Ariz. App. 27 (1971)

490 P.2d 856

William ANDERSON, Petitioner, v. The Honorable Rufus C. COULTER, Jr., Judge of the Superior Court, Maricopa County, Arizona, Respondent; The CITY OF PHOENIX, a municipal corporation, Real Party in Interest.

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

Rehearing Denied December 10, 1971.

Review Granted January 11, 1972.

Attorney(s) appearing for the Case

Richard J. Hertzberg, Phoenix, for petitioner.

Joe R. Purcell, City Atty. City of Phoenix, by Alan S. Max, Richard M. Hannon and John A. LaSota, Jr., Asst. City Attys., for respondent and real party in interest.

STEVENS, Presiding Judge.

The questions involved in this special action are: First, whether the City of Phoenix may legally file a civil action in relation to allegedly pornographic matter and require the production thereof by a subpoena duces tecum in the face of a claimed Fifth Amendment right; and second, if it may do so, the effect of the immunity grant contained in A.R.S. § 13-1804. The questions here presented were not decided in the case of Go v. Peterson...

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