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BOARD OF TR. OF TANQUE VERDE SCH. D. v. SUPERIOR CT

No. 2 CA-CIV 1978.

25 Ariz. App. 47 (1975)

540 P.2d 1266

The BOARD OF TRUSTEES OF TANQUE VERDE SCHOOL DISTRICT # 13, a body politic, et al., Petitioners, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, DIVISION FOUR, Respondent, Donald M. REED, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 13, 1975.

Rehearing Denied December 16, 1975.

Attorney(s) appearing for the Case

Dennis DeConcini, Pima County Atty., by Lawrence Ollason, Sp. Deputy County Atty., for School Affairs, Tucson, for petitioners.

Leighton H. Rockafellow, Tucson, for real party in interest.

OPINION

HATHAWAY, Judge.

The respondent court's denial of petitioners' motion to dismiss a complaint filed by real party in interest is the subject of this special action. Since an erroneous denial of a motion to dismiss is appropriately reviewable by special action under the circumstances presented here, Industrial Commission v. Superior Court, 5 Ariz.App. 100, 423 P.2d 375

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