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SHIRLEY v. MAHONEY

No. 2 CA-CIV 2166.

26 Ariz. App. 498 (1976)

549 P.2d 593

Willie Lynn SHIRLEY, Petitioner, v. Honorable T.J. MAHONEY, Respondent, TRANSPORT CLEARINGS, INC., Real Party in Interest.

Court of Appeals of Arizona, Division 2.

May 19, 1976.

Attorney(s) appearing for the Case

Otto H. Linsenmeyer and Frank E. Dickey, Jr., by Frank E. Dickey, Jr., Phoenix, for petitioner.

Mandel E. Himelstein, P.C., by Gloria Aguilar, Phoenix, for real party in interest.

OPINION

HATHAWAY, Judge.

Petitioner, defendant in a pending civil action instituted by real party in interest, seeks relief in this court from an order denying her motion to dismiss and motion for summary judgment. Since we agree with petitioner that she was entitled to dismissal of the complaint, we assume jurisdiction and grant relief.

The record discloses the following. The complaint filed against petitioner (Cause No. 29258) alleged inter alia...

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