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

No. 10994-PR.

109 Ariz. 414 (1973)

510 P.2d 386

Marie ROSS, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable Morris Rozar, Judge; and Real Party in Interest, Samuel S. ROSS, Jr., Respondents.

Supreme Court of Arizona, In Banc.

May 31, 1973.

Attorney(s) appearing for the Case

Filler, Paytas, Shannon, Fleming & Stephenson, P.C., by Henry R. Paytas, Phoenix, for petitioner.

Johnson & Shaw, by Marvin Johnson, Phoenix, for respondents.

CAMERON, Vice Chief Justice.

This is a petition for review of a decision of the Court of Appeals which held, pursuant to the provisions of Rule 42(f)(1) of the Rules of Civil Procedure, 16 A.R.S.:

"* * * that petitioner was entitled to disqualify the respondent judge as a matter of right * * *."

The opinion of the Court of Appeals was filed contemporaneously with the case of Hofstra v. Mahoney, 18 Ariz.App. 4

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