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TANNER COMPANIES v. SUPERIOR COURT, ETC.

No. 14416.

123 Ariz. 599 (1979)

601 P.2d 599

The TANNER COMPANIES, an Arizona Corporation for the benefit of Magini Leasing and Contracting, an Arizona Corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF YUMA, and State of Arizona, real party in interest, Respondents.

Supreme Court of Arizona, En Banc.

October 10, 1979.

Attorney(s) appearing for the Case

Lewis & Roca by Thomas C. Horne, Phoenix, for petitioner.

Robert K. Corbin, Atty. Gen., by Joe Acosta, Jr., and Richard Kamps, Asst. Attys. Gen., Phoenix, for respondents.

HAYS, Justice.

Denied the right to a jury trial in a breach of contract action against the state, petitioner Tanner Companies filed a petition for special action. Pursuant to Art. 6, § 5(4) of the Arizona Constitution and Rules 4 and 7 of the Rules of Procedure for Special Actions, we accepted jurisdiction. By written order of July 17, 1979, we granted petitioner a jury trial, indicating that an opinion would follow...

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