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GIPSON v. BEAN

No. 2 CA-SA 87-0105.

156 Ariz. 478 (1987)

753 P.2d 168

Claude R. GIPSON and Isabel Gipson, husband and wife, d/b/a Gipson's Towing Service; and Joe and Angela Estrada, husband and wife, d/b/a Joe Estrada's Body Shop, Petitioners, v. The Honorable Robert R. BEAN, Judge of the Superior Court, Pinal County, Respondents, and Frank R. Reyes, Sheriff of Pinal County; John Pogue, Deputy Sheriff, Pinal County Sheriff's Office; and Pinal County, a political subdivision, Real Parties in Interest.

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

Review Denied May 3, 1988.

Attorney(s) appearing for the Case

Stewart & McLean, Ltd. by William H. McLean, Phoenix, for petitioners Gipson.

Stanfield & McCarville, P.C. by Gilberto V. Figueroa, Casa Grande, for petitioners Estrada.

Roy A. Mendoza, Pinal Co. Atty. by Stephen M. Kemp, Florence and Teilborg, Sanders & Parks by Bruce Pelkey, Phoenix, for real parties in interest Reyes, Pogue and Pinal County.

OPINION

LIVERMORE, Presiding Judge.

This is the second special action brought in this case seeking relief with respect to the same discovery issue. Because petitioners have no equally plain, speedy or adequate remedy by appeal, and because the trial court abused its discretion, we accept jurisdiction and grant relief. Rules 1 and 3, Ariz.R.Spec.Action P., 17A A.R.S.

The pertinent facts as alleged by the petitioners are as follows. Petitioners are engaged...

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