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QWEST CORP. v. KELLY

No. 2 CA-SA 2002-0046.

59 P.3d 789 (2002)

204 Ariz. 25

QWEST CORPORATION, Petitioner, v. Hon. John F. KELLY, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Mark McMahon, a single man, on behalf of himself and all others similarly situated, Real Party in Interest.

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

October 24, 2002.

Attorney(s) appearing for the Case

Fennemore Craig by Timothy Berg, James D. Burgess, Phoenix, and Barney M. Holtzman, Tucson, for Petitioner.

Chandler, Tullar, Udall & Redhair by S. Thomas Chandler, and Law Office of Bruce A. Burke by Bruce A. Burke, Tucson, for Real Party in Interest.

OPINION

FLÓREZ, J.

¶ 1 Real party in interest Mark McMahon, on behalf of himself and others similarly situated, filed a putative class action against Qwest Corporation, the petitioner in this special action, alleging Qwest fraudulently and through misrepresentation had sold him a service he did not need. McMahon and the class he seeks to represent are residential tenants, as opposed to homeowners, who purchased from Qwest monthly "inside...

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