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BOARD OF REGENTS v. PHOENIX NEWSPAPERS

No. CV-90-0364-T/AP.

167 Ariz. 254 (1991)

806 P.2d 348

ARIZONA BOARD OF REGENTS, a body corporate, and an agency of the State of Arizona; Rose Mofford, C. Diane Bishop, Andrew Hurwitz, Douglas Wall, A.J. Pfister, Donald E. Shrophire, Edith S. Auslander, Herman Chanen, Esther N. Capin, Donald Pitt and Patrick McWhorter, in their official capacities as members of the Arizona Board of Regents; and Molly C. Broad, in her official capacity as Executive Director and Chief Executive Officer of the Arizona Board of Regents, Plaintiffs/Counter-Defendants-Appellants/Cross-Appellees, v. PHOENIX NEWSPAPERS, INC., dba the Arizona Republic; Cox Arizona Publications, Inc., dba Mesa Tribune, an Arizona corporation; Mary Jo Pitzl, an individual; and Eileen Myers, an individual, Defendants/Counter-Claimants-Appellees/Cross-Appellants.

Supreme Court of Arizona, En Banc.

Reconsideration Denied March 5, 1991.

Attorney(s) appearing for the Case

Lewis and Roca by John P. Frank, Janet A. Napolitano, Deborah Fine, Phoenix, John N. Iurino, Tucson, for plaintiffs/counter-defendants-appellants/cross-appellees.

Brown & Bain by Paul F. Eckstein, David J. Bodney and Daniel C. Barr, Phoenix, for defendants/counter-claimants-appellees/cross-appellants.

OPINION

CAMERON, Justice.

I. JURISDICTION

The Arizona Board of Regents (Board) appealed the superior court decision requiring the Board to make public the names and resumes of all persons in the prospect pool for appointment to the presidency of Arizona State University (ASU). Defendant Phoenix Newspapers, Inc. (Newspapers) filed a cross-appeal from the trial court's decision limiting the award of attorneys' fees to $35,000. The matter was transferred...

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