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MARSTON'S, INC. v. STRAND

Nos. 12859, 12867.

114 Ariz. 260 (1977)

560 P.2d 778

MARSTON'S, INC., an Arizona Corporation and John N. Norris, III, Petitioners, v. Honorable Roger G. STRAND, Judge of the Superior Court, the State of Arizona, and the Attorney General of the State of Arizona, Respondents. The STATE of Arizona ex rel. Bruce E. BABBITT, Attorney General, and the State Grand Jury, Petitioners, v. MARSTON, INC., et al., Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied February 23, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., John A. LaSota, Jr., John Pressley Todd and Ronald A. Lebowitz, Asst. Attys. Gen., Phoenix, for State of Arizona.

Goldstein, Mason & Ramras, Ltd. by Philip T. Goldstein, Phoenix, for Marston's, Inc. and Edward B. Norris.

Debus, Busby & Green, Ltd. by Jordan L. Green and Robert J. Lyman, Phoenix, for John N. Norris, III.

Flynn, Kimerer, Thinnes & Derrick by Clark L. Derrick and Thomas A. Thinnes, Phoenix, for Robert T. Bonnes.

HOLOHAN, Justice.

The Attorney General for the State and Marston's, Inc. and one of its officers have filed special actions challenging certain orders of the superior court regulating the production of documents before the state grand jury.

On July 27, 1976, the Attorney General issued and had served subpoenae duces tecum on Marston's, Inc. and John N. Norris, its vice president and custodian of records, requiring the production of certain Marston's corporate...

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