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SIMMS v. ARIZONA RACING COM'N

No. 1 CA-CV 18-0546.

482 P.3d 1049 (2021)

Ronald A. SIMMS, Plaintiff/Appellee-Cross Appellant, v. ARIZONA RACING COMMISSION; Jeremy E. Simms, an individual; TP Racing, LLLP, a limited liability limited partnership, and BELL RACING, LLC, a limited liability company, Defendants/Appellants-Cross Appellees.

Court of Appeals of Arizona, Division 1.

FILED February 23, 2021.

Attorney(s) appearing for the Case

Dentons US, LLP, Phoenix By Paul K. Charlton , Karl M. Tilleman , Douglas D. Janicik , Co-Counsel Plaintiff/Appellee/Cross Appellant Ronald A. Simms.

Greenberg Traurig, LLP, Phoenix By Nicole M. Goodwin , Co-Counsel for Plaintiff/Appellee/Cross Appellant Ronald A. Simms

Orrick Herrington & Sutcliffe, LLP, Los Angeles, California By Stacy W. Harrison , Nathan J. Novak , Co-Counsel for Plaintiff/Appellee/Cross Appellant Ronald A. Simms.

Stinson, LLP, Phoenix By Michael C. Manning , James M. Torre , Counsel for Defendants/Appellants/Cross Appellees Jeremy E. Simms, TP Racing LLLP, Bell Racing LLC.

Gammage & Burnham, PLC, Phoenix By Camila Alarcon , Christopher L. Hering , Counsel for Defendant/Appellant/Cross Appellee Arizona Racing Commission.

Presiding Judge David D. Weinzweig delivered the opinion of the Court, in which Judge Jennifer M. Perkins and Judge James B. Morse Jr. joined.

OPINION

¶1 This appeal marks another chapter in the protracted and acrimonious feud between brothers Jeremy ("Jerry") and Ronald ("Ron") Simms over the rights to Turf Paradise. Their fraternal animus has spawned a vast web of administrative duels, lawsuits and appeals. This chapter requires us to decide when the...

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