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CHALLENGE, INC. v. STATE EX REL. CORBIN

No. 1 CA-CIV 6002.

138 Ariz. 200 (1983)

673 P.2d 944

CHALLENGE, INC., a Nevada corporation, aka Challenge Academy, Inc., Defendant Counterclaimant-Appellant and Cross-Appellee, v. STATE of Arizona, ex rel. Robert K. CORBIN, Attorney General, Plaintiff Counterdefendant-Appellee and Cross-Appellant, and W. Mark Sendrow and Janet Gniadek, Counterdefendants-Appellees.

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

Reconsideration Denied October 26, 1983.

Attorney(s) appearing for the Case

Tucker & Blank, P.A., Tallahassee, Fla., and Lewis & Roca by Paul G. Ulrich, Phoenix, for Challenge, Inc.

Robert K. Corbin, Atty. Gen. by Patrick M. Murphy, Chief Counsel, Financial Fraud Div. and Thomas I. McClory, Asst. Atty. Gen., Phoenix, for the State of Arizona, W. Mark Sendrow and Janet Gniadek.

OPINION

MEYERSON, Judge.

The Attorney General, on behalf of the State of Arizona, brought suit against Challenge, Inc., and other defendants not parties to this appeal, alleging that the marketing, promotion, and advertising of so-called motivational courses violated Arizona's Consumer Fraud Act, securities law, and antiracketeering statutes. At the outset of the litigation, the state obtained a temporary restraining order (TRO) without notice which, among...

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