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BANTA v. SUPERIOR COURT OF MARICOPA COUNTY

No. 12381.

112 Ariz. 544 (1976)

544 P.2d 653

Leslie L. BANTA and Ruth Banta, his wife, Petitioners, v. The SUPERIOR COURT OF MARICOPA COUNTY, Charles L. Hardy, Judge of The Superior Court of Maricopa County, Edward B. Diethrich and Jane Doe Diethrich, his wife, and Edward B. Diethrich, M.D. & Associates, P.A., Respondents.

Supreme Court of Arizona, En Banc.

January 15, 1976.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Harry J. Cavanagh, Phoenix, for petitioners.

Burch, Cracchiolo, Levie, Guyer & Weyl by K.C. Weyl, and Martori, Meyer, Hendricks & Victor by Andrew D. Hurwitz and Edwin F. Hendricks, Phoenix, for respondents.

HAYS, Justice.

We accepted this special action to review a motion granted by the respondent judge of the Superior Court of Maricopa County to compel certain discovery in a suit by the petitioners against the respondents Diethrich and the professional association.

The suit is a medical malpractice action arising out of the performance of a coronary bypass operation upon the plaintiff, Leslie Banta, by the defendant Diethrich. The defendants deposed three cardiovascular...

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