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MARLAR v. STATE

No. 1 CA-CIV 6503.

136 Ariz. 404 (1983)

666 P.2d 504

James Floyd MARLAR, Plaintiff-Appellee, v. STATE of Arizona, a governmental entity, Department of Economic Security, an agency of the State of Arizona, and Robert L. Harris, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department D.

Rehearing Denied March 22, 1983.

Review Denied May 17, 1983.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by David Rich, Asst. Atty. Gen., Phoenix, for defendants-appellants.

Ryley, Carlock & Ralston by James M. Marlar and Charles L. Chester, Phoenix, for plaintiff-appellee.

OPINION

MEYERSON, Judge.

In this appeal, we are called upon to determine the propriety of certain actions taken by an agency within the Arizona Department of Economic Security (DES) which administers the Business Enterprises Program, Services for the Blind (BEP). The facts necessary for the disposition of this appeal are as follows.

I. FACTS

Plaintiff-appellee James Floyd Marlar (Marlar) is an independent businessman, licensed to operate a...

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