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ENRIQUEZ v. SUPER. CT., IN AND FOR COUNTY OF PIMA

No. 2 CA-CIV 2330.

115 Ariz. 342 (1977)

565 P.2d 522

Jose ENRIQUEZ and Celestine Enriquez, Petitioners, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, and the Hon. Robert O. Roylston, Judge thereof, Eugene JOYNER and Constance Joyner, Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 29, 1977.

Review Denied May 10, 1977.

Attorney(s) appearing for the Case

Sandra K. Pharo, Papago Legal Services, Sells, for petitioners.

Gordon T. Alley, Tucson, for real parties in interest.

OPINION

HOWARD, Chief Judge.

The issue presented in this special action is whether or not the Arizona courts have jurisdiction of an action brought by non-Indians against Papago Indians, residing on the Papago Reservation, for injuries resulting from a motor vehicle accident which occurred on a state highway within the boundaries of the Papago Reservation.

In 1973, Mr. and Mrs. Joyner filed a tort action in Pima County Superior Court against petitioners...

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