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GILBERT v. McGHEE

No. 2 CA-CIV 1557.

21 Ariz. App. 195 (1974)

517 P.2d 1088

David B. GILBERT, Petitioner, v. Hon. Robert E. McGHEE, Respondent; Wanda M. GILBERT, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 5, 1974.

Review Granted February 26, 1974.

Attorney(s) appearing for the Case

Alan L. Slaughter, Payson, for petitioner.

Leven B. Ferrin, Phoenix, for real party in interest.

OPINION

HATHAWAY, Chief Judge.

This special action attacks a superior court order finding petitioner in contempt for refusing to answer certain questions propounded to him on deposition. The court found that petitioner had waived his privilege against self-incrimination by virtue of his prior testimony on deposition and at trial.

Petitioner and real party in interest were awarded a decree of divorce in May, 1971. Prior thereto, the petitioner was deposed...

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