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CLARKE v. ASARCO INC.

No. 2 CA-CIV 2926.

124 Ariz. 8 (1978)

601 P.2d 612

Dan W. CLARKE and Eileen J. Clarke, husband and wife, Plaintiffs/Appellees, v. ASARCO INCORPORATED, a New Jersey Corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 31, 1979.

Review Granted February 21, 1979.

Attorney(s) appearing for the Case

Stanfield, McCarville, Coxon, Cole & Fitzgibbons by David A. Fitzgibbons, Casa Grande, for plaintiffs/appellees.

Evans, Kitchel & Jenckes, P.C. by Burton M. Apker, Lex J. Smith and Barry J. Dale, Phoenix, for defendant/appellant.

OPINION

RICHMOND, Chief Judge.

This is an appeal pursuant to A.R.S. § 12-2101.01 from the denial of a motion to compel arbitration. The issue is whether the terms of a subordination agreement executed by ASARCO nullified the arbitration provision in its lease with Dan W. Clarke and Eileen J. Clarke, husband and wife. In denying the motion to compel arbitration, the trial court found that the subordination agreement so modified the relationship of the...

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