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F.C.Y. CONST. & EQUIP. CO., INC. v. SUPERIOR COURT

No. 1 CA-CIV 3177.

24 Ariz. App. 596 (1975)

540 P.2d 722

F.C.Y. CONSTRUCTION AND EQUIPMENT COMPANY, INC., an Arizona Corporation, et al., Petitioners, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF YAVAPAI, the Honorable James HANCOCK, a judge thereof, and Harrison, Inc., a Minnesota Corporation, and Douglas A. Russell, defendants and the real parties in interest, Respondents.

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

October 2, 1975.

Attorney(s) appearing for the Case

Raineri, Jason & Schatz by Joseph C. Raineri, Sr., Scottsdale, for petitioners.

Lewis & Roca by Roger W. Kaufman, Phoenix, for Harrison, Inc., and Douglas A. Russell.

OPINION

WREN, Judge.

This special action arises from the refusal of the Superior Court of Yavapai County to grant a stay of judgment pending appeal, except as to an award of costs. We accept jurisdiction and remand to the Superior Court to exercise its discretion in determining whether a stay should be granted and a supersedeas bond set.

The cause of action underlying this petition for special action was a claim by petitioners of part ownership in...

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