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STATE, DEPT. OF CORRECTIONS v. FENTON

No. 2 CA-SA 89-0107.

163 Ariz. 174 (1989)

786 P.2d 1025

The STATE of Arizona, DEPARTMENT OF CORRECTIONS, Samuel A. Lewis, Director, Petitioners, v. The Honorable Norman S. FENTON, a Judge for The Superior Court of the State of Arizona, County of Pima, Respondent, and Margaret AIN, a single woman, Real Party in Interest.

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

Reconsideration Denied November 7, 1989.

Review Dismissed February 26, 1990.

Attorney(s) appearing for the Case

Ryley, Carlock & Applewhite by John C. Lemaster, Charles L. Chester and Susan M. Solomon, Phoenix, for petitioners.

John H. Messing, P.C. by John H. Messing, Tucson, for real party in interest.

OPINION

LIVERMORE, Presiding Judge.

The state has brought this special action to challenge the trial court's denial of a motion for change of venue. Because we believe the trial court abused its discretion in denying the motion, we assume jurisdiction and grant relief.

The real party in interest is the plaintiff in a lawsuit filed in Pima County alleging various negligence, contractual and statutory claims against the state and others arising out of...

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