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TWIN CITY CONST CO. OF FARGO, N.D. v. CANTOR

No. 1 CA-CIV 2767.

22 Ariz. App. 133 (1974)

524 P.2d 967

TWIN CITY CONSTRUCTION CO. OF FARGO, NORTH DAKOTA, a North Dakota corporation, doing business through its division, Skarphol Co., and United States Fidelity and Guaranty Company, a Maryland corporation, Petitioners, v. The Honorable Irwin CANTOR, Judge of the Maricopa County Superior Court, Respondent, and J. Richard WELLS dba Wells Masonry Constructors, Real Party in Interest.

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

Rehearing Denied August 22, 1974.

Review Denied October 8, 1974.

Attorney(s) appearing for the Case

Shimmel, Hill, Bishop & Gruender by Arthur W. Pederson, Phoenix, for petitioners.

Strong & Pugh, P.A., by William K. Strong, Phoenix, for respondent.

OPINION

JACOBSON, Chief Judge, Division 1.

This special action presents the limited question of whether a trial court may relieve a party of the sanctions imposed by Rule 68, Rules of Civil Procedure, authorizing an offer of judgment.

The facts necessary for a determination of this matter are not in dispute. Petitioners, Twin City Construction Co. of Fargo, N.D. and United States Fidelity & Guaranty Company (petitioners) are defendants in an action...

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