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LIPSCHULTZ v. SUPERIOR COURT, ETC.

No. 15078.

128 Ariz. 16 (1981)

623 P.2d 805

Dr. Allen S. LIPSCHULTZ, M.D. and Jane Doe I Lipschultz, his wife; Dr. Arthur Lipschultz, M.D. and Jane Doe II Lipschultz, his wife, Petitioners, v. The SUPERIOR COURT of the State of Arizona, in and for the COUNTY OF MARICOPA; and the Honorable Howard F. Thompson; and Evelyn M. Gurcius, Diane Gurcius, Richard Gurcius, Ronald Gurcius, and Sharon Gurcius, a minor, by and through Evelyn M. Gurcius; and Humana, Inc., an Arizona Corporation, Respondents.

Supreme Court of Arizona, In Banc.

January 26, 1981.

Attorney(s) appearing for the Case

Jones, Teilborg, Sanders, Haga & Parks by Neil C. Alden, Phoenix, for petitioners.

Hyder & Brand by Sid A. Horwitz, William F. Hyder, Phoenix, for respondents.

Robert K. Corbin, Atty. Gen. by Charles E. Buri, Asst. Atty. Gen., Phoenix, brief amicus curiae for Arizona Bd. of Medical Examiners.

Lewis & Roca by Roger W. Kaufman, Phoenix, brief amicus curiae for Arizona Hospital Assn. and Medical Ins. Co. of Arizona.

CAMERON, Justice.

We granted this petition for special action pursuant to Article 6, § 5 of the Arizona Constitution and Rule 1, Rules of Procedure for Special Actions, 17A A.R.S., because this is a matter of state-wide importance and there is no equal, plain, speedy and adequate remedy by appeal.

We must answer two questions:

1. Is information obtained by the Arizona Board of Medical Examiners in its investigation of alleged medical malpractice...

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