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MERRICK v. ROTTMAN

No. 1 CA-CIV 5585.

135 Ariz. 594 (1983)

663 P.2d 586

Charles A. MERRICK and Beatrice A. Merrick, his wife; and Tucson Memorial Parks, Inc., a corporation, Plaintiffs-Appellants, v. Keith ROTTMAN, George Menke, Richard O'Keefe, Arthur R. Adair, Lyle Ferguson, and Marian Lupu, as members of and constituting the Arizona State Board of Funeral Directors and Embalmers; and the Arizona State Board of Funeral Directors and Embalmers, an agency of the State of Arizona, Defendants-Appellees.

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

Rehearing Denied February 22, 1983.

Review Denied April 7, 1983.

Attorney(s) appearing for the Case

John S. Schaper, Phoenix, for plaintiffs-appellants.

Robert K. Corbin, Atty. Gen. by Gary L. Sheets, Asst. Atty. Gen., Phoenix, for defendants-appellees.

OPINION

JACOBSON, Presiding Judge.

This appeal presents the question of how far a regulatory state agency may go in seeking voluntary compliance with what it perceives to be a violation by one of its regulated members.

This action was instituted by appellants, Charles A. Merrick, his wife and Tucson Memorial Parks, Inc., (collectively referred to as Merrick) against the Arizona State Board of Funeral Directors and Embalmers, a state agency, and its...

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