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STATE, ETC. v. ARIZONA LICENSED BEVERAGE ASS'N

No. 14692.

128 Ariz. 515 (1981)

627 P.2d 666

STATE of Arizona ex rel. John A. LA SOTA, Jr., The Attorney General, Appellant, v. ARIZONA LICENSED BEVERAGE ASSOCIATION, INC., an Arizona Corporation; Paul H. Klett; John N. Gannis; George Jacob; Mike Jacob; Louis Poulos; Al Kaufman; and Diamond Publications Inc., an Arizona Corporation, Appellees.

Supreme Court of Arizona, In Division.

Rehearing Denied May 5, 1981.

Attorney(s) appearing for the Case

John A. LaSota, Jr., Former Atty. Gen. by Anthony B. Ching and John A. Baade, Asst. Attys. Gen., Robert K. Corbin, Atty. Gen. by Alison B. Swan, Chief Counsel, Antitrust Division, Kenneth R. Reed, Sp. Asst. Atty. Gen., Phoenix for appellant.

Goldstein, Flynn & Mason, by Philip T. Goldstein, Thomas C. Mason, Pamela L. Kingsley, Phoenix, for appellees Arizona Licensed Beverage Ass'n, Paul H. Klett, John N. Gannis, George Jacob, Mike Jacob, Louis Poulos, Al Kaufman.

Powers, Ehrenreich, Boutell & Kurn, by James Powers, Phoenix, for appellee Diamond Publications, Inc.

CAMERON, Justice.

This is an appeal by the State from a judgment of dismissal in an action for price fixing in violation of the Uniform State Antitrust Act, A.R.S. § 44-1401 et seq. We have jurisdiction pursuant to Rule 19(e), Rules of Civil Appellate Procedure, 17A A.R.S.

The issues we must resolve are:

1. Does the Arizona Uniform State Antitrust Act apply to the conduct of the defendants in this case? 2. Did the trial court make clearly...

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