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ITULE v. FARLEY

No. 7954.

94 Ariz. 242 (1963)

383 P.2d 127

George J. ITULE and Carmela D. Itule, husband and wife, Petitioners, v. Gordon FARLEY, as Judge of the Superior Court of the State of Arizona, in and for the County of Santa Cruz, et al., Respondents.

Supreme Court of Arizona, En Banc.

June 19, 1963.

Attorney(s) appearing for the Case

George W. Oglesby, Nogales, for petitioners.

Gordon Farley and James F. Haythornewhite, Nogales, for respondent Gordon Farley.

Nasib Karam, Nogales, for respondents Sinaloa Valley Cold Storage, a corporation, and Sinaloa Valley Distributors, a corporation.

PER CURIAM.

This case came to us on a writ of mandamus to compel the Superior Court of Arizona, Santa Cruz County, to assign an action now pending before it to a judge other than respondent judge. The petitioners assert as grounds for the assignment their filing of an affidavit of bias and prejudice pursuant to A.R.S. § 12-409.

In the court below petitioners sought to enjoin Sinaloa Valley Cold Storage and Sinaloa Valley Distributors from maintaining...

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