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AIR POWER v. SUPERIOR CT. IN & FOR MARICOPA

Nos. 1 CA-CIV 7775-SA, 1 CA-CIV 7826-SA.

142 Ariz. 492 (1984)

690 P.2d 793

AIR POWER, INC., a California corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA; and the Honorable William T. Moroney, a judge thereof, Respondent Judge, Karl PHILLIPS, Real Party in Interest. AYRES CORPORATION, a Georgia corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA; and the Honorable William T. Moroney, a judge thereof, Respondent Judge, Karl PHILLIPS, Real Party in Interest.

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

Review Denied November 6, 1984.

Attorney(s) appearing for the Case

Monbleau, Vermeire & Turley, P.C. by Albert R. Vermeire, Richard N. Crenshaw, Phoenix, for petitioner Air Power, Inc.

Langerman, Begam, Lewis & Marks by Stanley J. Marks, Mitchell E. Cohen, Phoenix, for respondent Phillips.

Jennings, Strouss & Salmon by Michael W. Mullane, H. Christian Bode, Phoenix, for petitioner Ayres Corp.

OPINION

OGG, Judge.

In these consolidated special actions we must determine whether the trial court abused its discretion, acted arbitrarily and capriciously, contrary to law, or in excess of its jurisdiction in failing to grant petitioners' separate motions to dismiss on grounds of abatement.

By order dated August 15, 1984, we accepted jurisdiction, indicating that a decision on the merits would follow....

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