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FENTON v. HOWARD

No. 13459.

118 Ariz. 119 (1978)

575 P.2d 318

Norman S. FENTON, Judge of the Superior Court in and for Pima County, Petitioner, v. The Honorable Lawrence HOWARD and the Honorable James D. Hathaway, Judges of the Arizona Court of Appeals, Division Two, Respondents, and Guillermo MARTINEZ, Real Party in Interest, and Bruce PARSIL, Real Party in Interest.

Supreme Court of Arizona, En Banc.

February 3, 1978.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty., by Howard Baldwin and James M. Howard, Deputy County Attys., and Rose Silver, Sp. Counsel to the Civ. Div., Tucson, for petitioner.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for Bruce Parsil.

Norman R. Freeman, Tucson, for Guillermo Martinez.

HAYS, Justice.

This is a Special Action brought by petitioner Norman S. Fenton, Judge of the Superior Court in and for Pima County, against respondents Lawrence Howard and James D. Hathaway, judges of the Court of Appeals. The petitioner asks this court to vacate the Court of Appeals decision and to rule that he has a right to appear and plead in a Special Action naming him as a respondent, and further to uphold the trial court's order quashing a subpoena.

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