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UNIVERSITY OF ARIZONA v. COUNTY OF PIMA

No. 2 CA-SA 0337.

150 Ariz. 184 (1986)

722 P.2d 352

UNIVERSITY of ARIZONA, an agency of the State of Arizona; Arizona Board of Regents, an agency of the State of Arizona, Petitioners, v. The Superior Court of the State of Arizona, in and for the COUNTY of PIMA, the Honorable Lawrence H. Fleischman, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondents, and Ben LINDSEY and Jeri Lindsey, husband and wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied March 4, 1986.

Review Denied June 24, 1986.

Attorney(s) appearing for the Case

James L. Richmond, Tucson, for petitioners.

Allen, Kimerer & LaVelle by Michael J. LaVelle and Russell A. Kolsrud, Phoenix, for real parties in interest.

OPINION

LIVERMORE, Presiding Judge.

Petitioners have brought this special action from the trial court's denial of a motion for summary judgment which would, in effect, terminate litigation brought against them by the former University of Arizona men's basketball coach, Ben Lindsey. Petitioners' motion was based on alternative grounds: (1) the parol evidence rule bars the real party in interest's claim of a multi-year employment contract which conflicts with...

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