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WINGATE v. GIN

No. 2 CA-SA 0316.

148 Ariz. 289 (1985)

714 P.2d 459

Monroe J. WINGATE, Petitioner, v. Hon. Harry GIN, Judge of the Pima County Superior Court, Division XIV, Respondent, and FAST FOTO, INC., an Arizona corporation; Douglas C. Sandahl, and Peggy A. Sandahl, husband and wife, Real Parties In Interest.

Court of Appeals of Arizona, Division 2, Department A.

Rehearing Denied February 4, 1986.

Attorney(s) appearing for the Case

Jones, Dickerman, Nuckolls, Edwards & Smith, P.C. by John Gabroy and Lyle D. Aldridge, Tucson, for petitioner.

Gust, Rosenfeld, Divelbess & Henderson by Fred Cole and James B. Wright, Phoenix, for real parties in interest.

OPINION

HOWARD, Judge.

Petitioner challenges the respondent judge's refusal to grant his motion for summary judgment. Since petitioner has no plain, speedy and adequate remedy by appeal, and because our granting relief will terminate this litigation, we assume jurisdiction. Lim v. Superior Court, 126 Ariz. 481, 616 P.2d 941 (App. 1980).

Petitioner is the plaintiff in a pending...

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