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STATE EX REL. BABBITT v. ARNOLD

No. 2 CA-CIV 2124.

26 Ariz. App. 333 (1976)

548 P.2d 426

The STATE of Arizona ex rel. Bruce E. BABBITT, the Attorney General, Petitioner, v. The Honorable Jack T. ARNOLD, Judge, Pima County Superior Court, Division #15, Respondent; ABBEY FUNERAL CHAPEL, INC., an Arizona Corporation, Waly Krotenberg, Stanley Krotenberg, Adair Funeral Home, Inc., an Arizona Corporation, Martha J. Adair, Arthur Adair, Arizona Mortuary, Inc., an Arizona Corporation, Robert R. Long, Bring Funeral Home, Inc., an Arizona Corporation, Howard A. Bring, Valley Funeral Home, Inc., an Arizona Corporation, dba Deir's Valley Funeral Home, Michael J. Deir, William B. Addison, Jr., dba Evergreen Mortuary; Hudgel's-Swan Funeral Home, Inc., an Arizona Corporation, W.G. Hudgel, Palms West Corporation, an Arizona Corporation, dba Palms Mortuary, Charles H. Grisso, Chris A. Reilly, Mary A. Riley and Helen E. Reilly, dba Reilly Funeral Home, Tucson Mortuary, Inc., an Arizona Corporation, Leo Carrillo, Leo A. Carrillo, and Joseph H. Riley, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

April 13, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by Charles E. Buri, Asst. Atty. Gen., Tucson, for petitioner.

Cusick, Watkins, Stewart & Harris, by Frank H. Watkins, Tucson, for real party in interest Bring Funeral Home and Howard A. Bring.

Robertson, Molloy, Fickett & Jones, P.C., by Michael J. Meehan, Tucson, for real party in interest Adair Funeral Home and Arizona Mortuary.

W. Edward Morgan, Tucson, for real party in interest Abbey Funeral Chapel and Waly Krotenberg and Stanley Krotenberg.

OPINION

HATHAWAY, Judge.

In its answer to a request for production of documents, propounded by the real parties in interest, petitioner identified in pertinent part two documents as being relevant to petitioner's contention that the real parties in interest had conspired to fix the price of burial of deceased Pima County indigents. Petitioner refused to produce the documents, asserting the attorney-client privilege. Thereafter, a motion to compel discovery...

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