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PIMA CTY. v. SUPERIOR COURT, IN & FOR CTY. OF PIMA

No. 2 CA-CIV 2051.

25 Ariz. App. 537 (1976)

544 P.2d 1138

PIMA COUNTY, a body politic, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, the Honorable Jack T. Arnold, Judge thereof, Milton C. STANFILL and Patricia J. Stanfill, husband and wife, Carl C. Noel and Dochiam Noel, husband and wife, Ralph G. Elrod and Lucille L. Elrod, husband and wife, T.E. Moore and Lois Moore, husband and wife, Floyd A. Phillips, Sr., and Ruby M. Phillips, husband and wife, James D. Raney and Ella D. Raney, husband and wife, William E. Raney and Bernice M. Raney, husband and wife, Claude H. Whitby and Juanita J. Whitby, husband and wife, Stewart Title and Trust as Trustee under Trust No. 0683, Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 4, 1976.

Review Granted March 9, 1976.

Attorney(s) appearing for the Case

Everett, Bury & Moeller, P.C., by David C. Bury, Tucson, for petitioner.

Miller, Pitt & Feldman, P.C., by James R. Figliulo, Tucson, for real parties in interest.

OPINION

HOWARD, Chief Judge.

The denial of petitioner's motion for summary judgment asserting the bar of the statute of limitations is the subject of this special action. Since appropriate circumstances, which we find present here, warrant appellate intervention by way of special action, we assume jurisdiction. Allison Steel Mfg. Co. v. Superior Court, 22 Ariz.App. 76...

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