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CENTRAL MACHINERY CO. v. STATE

No. 18493-PR.

152 Ariz. 134 (1986)

730 P.2d 843

CENTRAL MACHINERY COMPANY, an Arizona corporation, Plaintiff-Appellee, v. STATE of Arizona, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

December 12, 1986.

Attorney(s) appearing for the Case

Rodney B. Lewis, Sacaton, for plaintiff-appellee.

Robert K. Corbin, Atty. Gen., Anthony B. Ching, Sol. Gen., Phoenix, for defendant-appellant.

HAYS, Justice.

The state petitioned this court to review an opinion of the court of appeals that upheld the trial court's award of attorney's fees under 42 U.S.C. § 1988 in favor of Central Machinery Company. We granted review and have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), A.R.S. § 12-120.24 and Rule 23, Ariz.R.Civ.App.P. 17A A.R.S.

We granted review of the following two issues: (1) whether the court of appeals, by finding that...

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