CAMPBELL v. MOUNTAIN STATES TEL. & TEL. CO.

No. 1 CA-CIV 3503.

120 Ariz. 426 (1978)

586 P.2d 987

Madeline CAMPBELL, Appellant, v. MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY and American Telephone & Telegraph Company, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied November 1, 1978.


Attorney(s) appearing for the Case

Thur & Preston by Calvin C. Thur, Scottsdale, for appellant.

Fennemore, Craig, von Ammon & Udall by Michael Preston Green, George T. Cole, Phoenix, for appellees.


OPINION

EUBANK, Judge.

FACTS AND ISSUES

The primary question raised by this appeal is whether A.R.S. § 40-241 et seq., and § 40-321 et seq., or the doctrine of primary jurisdiction, require the appellant, Madeline Campbell, to assert her tort and breach of contract claims against appellees in a complaint to the Arizona Corporation Commission before suing on those claims in Superior Court. The trial court was of the opinion that such "prior...

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