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STATE EX REL. AZ. REG. OF CONT. v. JOHNSTON

No. 1 CA-CV 08-0366.

214 P.3d 441 (2009)

STATE of Arizona ex rel. ARIZONA REGISTRAR OF CONTRACTORS, Plaintiff-Appellant, v. Frederico David JOHNSTON and Mary E. Johnston, individually and as husband and wife, doing business as Ace Aluminum and Products, Defendants-Appellees.

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

August 27, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Stephen D. Ball, Phoenix, Attorneys for Appellant.

Frederico David Johnston, Appellee Mary E. Johnston, Appellee, Yoncalla, OR, In Propria Persona.

OPINION

WEISBERG, Judge.

¶ 1 The State of Arizona ex rel. Arizona Registrar of Contractors ("Registrar") appeals from the superior court's order dismissing its action for subrogation against Frederico David and Mary E. Johnston (collectively the "Johnstons"). The sole issue is whether the words "shall promptly enforce" as set forth in Arizona Revised Statutes ("A.R.S.") section 32-1138 (2008)1 operate to bar the Registrar...

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