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PEOPLE EX REL. NELSON v. SUPERIOR CT., CTY. OF NAVAJO

No. 1 CA-CIV 2437.

20 Ariz. App. 591 (1973)

514 P.2d 1042

PEOPLE of the State of Arizona ex rel. Gary K. NELSON, the Attorney General, Petitioner, v. The SUPERIOR COURT of Arizona, IN AND FOR the COUNTY OF NAVAJO; the Honorable Lloyd Fernandez, Judge of the Superior Court, Respondent; Carl KEMPTON, dba Chief Geronimo Trading Post, Ted S. Baca, dba Little Indian Indian Center; Max Ortega, Jr., dba Sitting Bull Indian Store (Traders), Respondents-Real Parties In Interest. Max ORTEGA, Jr., Carl Kempton and Ted S. Baca, Counter-Petitioners, v. STATE of Arizona ex rel. Gary K. NELSON, the Attorney General; the Superior Court of the State of Arizona, In and For the County of Navajo, the Honorable Lloyd Fernandez, Judge of the Superior Court, Counter-Respondents.

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

Rehearing Denied December 13, 1973.

Review Denied January 22, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by William P. Dixon Asst. Atty. Gen., for the People of the State of Arizona.

Axline & Johnson, by Raleigh W. Johnson, Holbrook, for respondents real parties in Interest and counter petitioners Kempton, Baca and Ortega.

OPINION

STEVENS, Judge.

The petitioner herein is the plaintiff in each of three separate but similar lawsuits filed in Navajo County. The petitioner will be referred to as the State. The three respondent real parties in interest are the defendants in those actions, one in each of the three Superior Court cases. In this opinion we will treat the three cases as though there were but one case, unless the context...

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