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SOUTHERN PACIFIC TRANSP. CO. v. YARNELL

Nos. 1 CA-SA 93-0003, 1 CA-SA 93-0004.

176 Ariz. 552 (1993)

863 P.2d 271

SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, Petitioner, v. Hon. Michael A. YARNELL, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent, Mary E. ISBELL, for and on her own behalf as surviving spouse of Richard Levonne Isbell, and for and on behalf of Dennis Isbell, David Isbell, John Isbell, Marsha Isbell and Joseph Isbell, the surviving children of Richard Levonne Isbell, Real Parties in Interest. The STATE of Arizona, acting By and Through the ARIZONA DEPARTMENT OF TRANSPORTATION and the Arizona Corporation Commission, Petitioner, v. Hon. Michael YARNELL, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Mary E. ISBELL, for and on her own behalf as surviving spouse of Richard Levonne Isbell, and for and on behalf of Dennis Isbell, David Isbell, John Isbell, Marsha Isbell and Joseph Isbell, the surviving children of Richard Levonne Isbell, Real Parties in Interest.

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

Reconsideration Denied July 26, 1993.

Review Granted December 15, 1993.

Attorney(s) appearing for the Case

F. Pendleton Gaines, III and Mark H. Brain, Fennemore Craig, P.C., Phoenix, for petitioner Southern Pacific Railroad.

Elliot G. Wolfe and Cora Perez, Begam, Lewis, Marks, Wolfe & Dasse, P.A., Phoenix, for real parties in interest.

Donald O. Loeb, Campana, Vieh & Strohm, P.C., Scottsdale, for Arizona Corp. Comm'n.

OPINION

LANKFORD, Judge.

In this special action, the petitioner railroad seeks relief from a superior court order compelling the railroad to produce documents which it contends are privileged.

We accepted jurisdiction and granted relief by a prior order which directed the respondent court and judge to not compel the disclosure. Our order stated that an opinion would follow, and this is the promised opinion. We have jurisdiction pursuant...

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