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HYDRO-DYNAMICS, INC. v. POPE

No. 18003-SA.

146 Ariz. 586 (1985)

708 P.2d 70

HYDRO-DYNAMICS, INC., an Arizona corporation, Petitioner, v. The Honorable Gary R. POPE, as Judge of the Superior Court in and for the County of Mohave, State of Arizona, Respondents, and Robert BUTTERWORTH and Dororthy Butterworth, husband and wife, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

September 9, 1985.

Attorney(s) appearing for the Case

Carson Messinger Elliott Laughlin & Ragan by Michael J. Pearce, Phoenix, for petitioner.

Lee, Theisen & Eagle by Charles T. Stegall, Phoenix, for respondents.

HAYS, Justice.

Petitioner, Hydro-Dynamics, Inc., brings this special action to challenge an order compelling it to pay approximately $80,000 in prejudgment attorneys' fees to Robert and Dorothy Butterworth ("the Butterworths"), real parties in interest. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3) and Rule 8, Rules of Procedure for Special Actions, 17A A.R.S. The issue presented is whether, in a shareholder's derivative lawsuit, the trial court...

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