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STATE EX REL. MILLER v. SUPERIOR

No. 1 CA-SA 88-054.

159 Ariz. 21 (1988)

764 P.2d 756

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, The Honorable Mark W. Armstrong, a judge thereof, Respondent Judge, James A. DINGMAN, husband of Judith A. Dingman, as his sole and separate property, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

Review Granted December 20, 1988.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Leonardo Ruiz and Joe Acosta, Jr., Asst. Attys. Gen., Phoenix, for petitioner.

Dushoff & McCall by Dale S. Zeitlin, Phoenix, for real party in interest.

Review Granted and Opinion of Court of Appeals adopted as that of Supreme Court, December 20, 1988.*

OPINION

KLEINSCHMIDT, Judge.

We accepted jurisdiction in this special action to determine whether Rule 26(b)(4)(A)(ii), Arizona Rules of Civil Procedure, allows discovery of appraisal reports prepared by an expert appraiser who is listed as a trial witness in a condemnation action. We hold that such reports are normally...

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