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STATE v. ARIZONA PENSION PLANNING

No. 1 CA-CIV 8085.

154 Ariz. 52 (1986)

739 P.2d 1369

STATE of Arizona, S. David Childers as Director of Insurance of the State of Arizona and as Receiver of Common Market Employee Benefit Association, Plaintiffs-Appellants, v. ARIZONA PENSION PLANNING, Marvin L. Bates, Ray E. Bingham, Robert E. Bolt, Robert L. Bothwell, Robert K. Bowden, Brokers Consulting Service, George Casey, John G. Dunn, Kenneth M. Einhorn, Nickoel C. Elam, Grant Elford, Morris H. Fausett, Theo Hunsaker, Alva O. Jensen, James Killebrew, W.L. Laney, Robert Lear, Raymond E. Lekawa, Richard Leopold, Paul Lindsey, Thomas J. Miller, Jerry Moyes, Ron Moyes, Richard Ryan, Securance Marketing Corp., James Sheffer, Shields Co., Ltd., Edward A. Shields, and Tessier & Associates, John Doe 1-100, Jane Doe 1-100, Black Corporation 1-100 and White Corporation 1-100, Defendants-Appellees.

Court of Appeals of Arizona Division 1, Department B.

June 10, 1986.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Susan Gallinger, Asst. Atty. Gen., Martori, Meyer, Hendricks & Victor by Ron Kilgard, Phoenix, for plaintiffs-appellants.

Weltsch, Santerre, Van De Krol & Green, Ltd. by Scott Santerre, Scottsdale, for defendants-appellees Shields.

Beer & Toone by Donald P. Roelke, Phoenix, for defendant-appellee Einhorn.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Scott Boehm, Larry L. Smith, Phoenix, for defendants-appellees Securance Marketing Corp. and Thomas J. Miller.

Kunz and Waugh by Donald R. Kunz, Phoenix, for defendants-appellees Bingham, Bolt, Bowden, Brokers Consulting Service, Elford, Fausett, Jensen, Lekawa, Leopold and Sheffer.

Ronald W. Meyer, Phoenix, for defendant-appellee Ryan.

Carmichael, McClue & Powell by Sidney G. McClue, Jr., Phoenix, for defendants-appellees Moyes.

John G. Dunn, pro se.

OPINION

JACOBSON, Presiding Judge.

This appeal arises from a summary judgment granted in favor of the defendants, who are insurance agents, on two consolidated actions filed by the Arizona Director of Insurance.

In December of 1975, the Common Market Employment Benefit Association (Common Market) was formed as an unincorporated association. Common Market was to provide benefits to its members pursuant to the federal Employee Retirement Income Security...

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