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STATE EX REL. MILLER v. SUPERIOR COURT

No. 1 CA-SA 221.

154 Ariz. 363 (1987)

742 P.2d 864

STATE of Arizona, ex rel., Charles L. MILLER, Director, Department of Transportation, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable Marilyn A. Riddel, a judge thereof, Respondent Judge, The Estate of Leo J. Wieck, Deceased, Real Party in Interest.

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

September 10, 1987.

Attorney(s) appearing for the Case

Robert A. Corbin, Atty. Gen. by Barry A. McNaughton, Asst. Atty. Gen., Phoenix, for petitioner.

Warner, Angle, Roper & Hallam by Clark W. Watkin, Jr., Phoenix, for Peoria Development Co., Inc. and Peoria Estates.

Dushoff & McCall by Jack McCall and Thomas K. Irvine, Phoenix, for real parties in interest.

OPINION

EUBANK, Presiding Judge.

We accepted jurisdiction in this special action to determine the extent to which Rule 26(b)(4)(B), Arizona Rules of Civil Procedure, permits discovery of a non-trial expert appraiser's opinion, who is specially retained by the state in anticipation of eminent domain litigation.

This special action was filed on July 8, 1987. Following a hearing on July 10, 1987, we granted the petitioner's application for an interlocutory...

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