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A.P. BROWN CO. v. SUPERIOR COURT, COUNTY OF PIMA

No. 2 CA-CIV 1091.

16 Ariz. App. 38 (1971)

490 P.2d 867

A.P. BROWN COMPANY, a domestic corporation, et al., Petitioners, v. The SUPERIOR COURT of the State of Arizona In and For the COUNTY OF PIMA, et al., Respondents.

Court of Appeals of Arizona, Division 2.

November 24, 1971.

Attorney(s) appearing for the Case

David S. Wine and Carol Wilson Druke, Tucson, for petitioners.

Messing, Hirsh & Franklin by William Messing, Tucson, for real parties in interest.

HOWARD, Judge.

We assume jurisdiction in this special action to review a Superior Court order as to the assessment of fees for arbitration. We are of the opinion, as we shall subsequently discuss, that the petitioners' jurisdictional challenge is well taken and the subject order was coram non judice.

Briefly, the chronology of events is as follows. In 1970, the Kickerts commenced a suit for fraud and deceit against the petitioners in Superior Court...

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